in Re: Nicholas D. Mosser

Opinion

DENY and Opinion Filed August 26, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-22-00656-CV

IN RE NICHOLAS D. MOSSER, Relator

Original Proceeding from the 471st Judicial District Court Collin County, Texas

Trial Court Cause No. 471-06006-2019

MEMORANDUM OPINION

Before Justices Osborne, Partida-Kipness, and Smith Opinion by Justice Osborne Relator’s July 1, 2022 petition for writ of mandamus challenges the trial

court’s order (1) sustaining real party in interest Fidelity National Title Insurance Company’s objections to the subpoena duces tecum and (2) granting the motion for protective order. 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 Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

After reviewing the petition and the record before us, we conclude that relator has failed to demonstrate a clear abuse of discretion. Accordingly, we deny the

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petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

220656f.p05 /Leslie Osborne// LESLIE OSBORNE

JUSTICE