In re Fidelity National Title Insurance Co.

Summary

The Fourth Court of Appeals of Texas denied Fidelity National Title Insurance Co.'s petition for writ of mandamus without prejudice. The court held that the relator failed to explain why it lacked an adequate remedy by appeal and failed to comply with several Texas Rule of Appellate Procedure 52 requirements concerning factual support, certification, and the record.

Holdings

1. Mandamus relief is available only when the relator establishes both that the trial court abused its discretion and that the relator lacks an adequate remedy by appeal; Fidelity failed to address the adequate-remedy requirement.
2. A mandamus petition must comply with the factual-support, certification, and record-filing requirements of Texas Rule of Appellate Procedure 52; Fidelity's petition failed to comply with numerous requirements.

Questions Presented

1. Whether Fidelity was entitled to mandamus relief from the order denying its motion to compel.
2. Whether the mandamus petition satisfied the requirements of Texas Rule of Appellate Procedure 52.

Disposition

writ_denied