Opinion
NO. 14-18-01111-CV
01-31-2019
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.