In Re XPO Logistics Freight, Inc. and Sergio Caldera v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 17, 2025
• Docket: 08-25-00184-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ IN RE XPO LOGISTICS FREIGHT, No. 08-25-00184-CV INC. AND SERGIO CALDERA, § AN ORIGINAL PROCEEDING Relators. § IN MANDAMUS §

M E M O RAN D U M O PI N I O N

Relators XPO Logistics Freight, Inc. and Sergio Caldera filed a petition for writ of

mandamus regarding a purported July 16, 2025 order granting a motion to compel and ordering

the production of private financial records by close of business today.

After reviewing the petition and mandamus record, the Court has determined that Relators

are not entitled to relief. The record in this original proceeding does not contain a copy of the

written, signed order of which Relators complain. See Tex. R. App. P. 52.3(k)(1)(B) (requiring, as

part of the mandamus appendix, “a certified or sworn copy of any order complained of”). Instead,

the record contains copies of emails dated July 15, 2025, regarding requests for proposed orders

and the trial court’s intent to grant the motion to compel, along with the proposed order to that

effect. Without the signed order, this Court cannot consider the petition or the temporary relief

requested in the associated motion for emergency relief. See In re Weaver, 08-25-00162-CV, 2025

WL 1774127, at *1 (Tex. App.—El Paso June 26, 2025, no pet.) (mem. op.). Accordingly, the petition is DENIED. 1

LISA J. SOTO, Justice

July 17, 2025

Before Rodriguez, C. J.(Senior Judge), Palafox and Soto, JJ. Rodriguez, C.J. (Ret.), sitting by assignment

1 The emergency motion is denied as moot.