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In re Mosser

Court of Appeals of Texas, Fifth District, Dallas
Jul 26, 2022
No. 05-22-00656-CV (Tex. App. Jul. 26, 2022)

Opinion

05-22-00656-CV

07-26-2022

IN RE NICHOLAS D. MOSSER, Relator


Original Proceeding from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-06006-2019

Before Justices Osborne, Partida-Kipness, and Smith

MEMORANDUM OPINION

LESLIE OSBORNE JUSTICE

Relator's July 1, 2022 petition for writ of mandamus challenges the trial court's denial of real party in interest Fidelity National Title Insurance Company's motion for protection from discovery. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (per curium) (citing In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)).

As the party seeking relief, relator has the burden of providing the Court with a certified or sworn copy of every document that is material to establishing his right to mandamus relief. See Tex. R. App. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.-Dallas 2008, orig. proceeding) (requiring relator to submit a record containing certified or sworn copies). We conclude that relator has not met this burden because his unsworn verification fails to satisfy the requirements of section 132.001 of the Texas Government Code. See Tex. Gov't Code § 132.001. Accordingly, we deny the petition for writ of mandamus.

Relator has informed us that defendant First Guaranty Mortgage Corporation has filed for Chapter 11 bankruptcy. Generally, the automatic stay provision of section 362 of the Bankruptcy Code does not extend to actions against parties other than the debtor. See Paine v. Sealy, 956 S.W.2d 803, 807 (Tex. App.- Houston [14th Dist.] 1997, no pet.). Because Fidelity is not the debtor, and none of the limited exceptions to this general rule are applicable, we conclude that the automatic stay provision is not triggered here.


Summaries of

In re Mosser

Court of Appeals of Texas, Fifth District, Dallas
Jul 26, 2022
No. 05-22-00656-CV (Tex. App. Jul. 26, 2022)
Case details for

In re Mosser

Case Details

Full title:IN RE NICHOLAS D. MOSSER, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 26, 2022

Citations

No. 05-22-00656-CV (Tex. App. Jul. 26, 2022)