in Re: Allstate Indemnity Company

Opinion

Opinion issued January 13, 2005

In The

Court of Appeals

For The

First District of Texas

---

NO. 01-05-00002-CV

---

IN RE ALLSTATE INDEMNITY COMPANY, Relator

---

Original Proceeding On Petition for Writ of Mandamus

---

MEMORANDUM OPINION

          Relator Allstate Indemnity Company filed a petition for a writ of mandamus complaining of the trial court’s order denying relator’s motion to quash. The relator bears the burden of establishing its entitlement to mandamus relief. Hansen v. Sullivan, 886 S.W.2d 467, 469 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Based on the record presented, we conclude that relator has not shown that it is entitled to mandamus relief. See Tex. R. App. P. 52.3 (requiring that factual statements must be verified), 52.3(j) (requiring a certified or sworn copy of order complained of), 52.7(a)(1) (requiring a certified or sworn copy of every document), and 52.7(a)(2) (requiring a properly authenticated transcript). Accordingly, relator’s petition for writ of mandamus is DENIED. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.