Document Info

DocketNumber: 14-18-01111-CV

Filed Date: 1/31/2019

Status: Precedential

Modified Date: 2/1/2019

  • Petition for Writ of Mandamus Denied and Memorandum Opinion filed
    January 31, 2019.
    In The
    Fourteenth Court of Appeals
    NO. 14-18-01111-CV
    IN RE FREEPORT WELDING & FABRICATING, INC., Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    149th District Court
    Brazoria County, Texas
    Trial Court Cause No. 93898-CV
    MEMORANDUM OPINION
    On December 31, 2018, relator Freeport Welding & Fabricating, Inc. filed a
    petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see
    also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the
    Honorable Terri Tipton-Holder, presiding judge of the 149th District Court of
    Brazoria County, to vacate the order denying the motion to enforce the Rule 167
    settlement agreement between the parties.
    With certain exceptions, to obtain mandamus relief a relator must show both
    that the trial court clearly abused its discretion and that relator has no adequate
    remedy by appeal. In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135–36 (Tex.
    2004) (orig. proceeding). Relator has not shown that it is entitled to mandamus relief.
    We therefore deny relator’s petition for writ of mandamus.
    PER CURIAM
    Panel consists of Justices Wise, Zimmerer, and Spain.
    2