in Re Saxon Mortgage Services, Inc., Relator

Court of Appeals of Texas·Decided December 5, 2012·No. 04-12-00795-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-12-00795-CV

IN RE SAXON MORTGAGE SERVICES, INC.

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: December 5, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On November 27, 2012, relator filed a petition for writ of mandamus, complaining the

trial court has failed to rule on relator’s motion to compel arbitration. However, mandamus will

issue only to correct a clear abuse of discretion for which the relator has no adequate remedy at

law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding).

Based on the record before us, we do not find the trial court has abused its discretion at this time.

Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

1 This proceeding arises out of Cause No. DC-12-30, styled Roberto Rocha and Gladys G. Rocha v. Saxon Mortgage Services, Inc., pending in the 229th Judicial District Court, Starr County, Texas, the Honorable Ana Lisa Garza presiding.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)