in Re Contract Freighters, Inc. D/B/A CFI, and Randall Scott Folks ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00017-CV
IN RE CONTRACT FREIGHTERS, INC. d/b/a CFI, and Randall Scott Folks, Relators
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: February 3, 2021
PETITION FOR WRIT OF MANDAMUS DENIED
Relators have filed a petition for writ of mandamus and motion for temporary relief. We
have the power to issue writs of mandamus, but only when “agreeable to the principles of law
regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to
file a petition and record showing “the trial court abused its discretion and that no adequate
appellate remedy exists” In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig.
proceeding) (per curiam). Having reviewed the petition and documents included in the appendix,
we conclude relators have not satisfied their burden. Accordingly, we deny the petition and motion
for temporary relief. See TEX. R. APP. P. 52.8(a).
PER CURIAM
1
This proceeding arises out of Cause No. 2020-CVA-001648D3, styled Jimmy McPherson and Paula McPherson v.
Contract Freighters, Inc. d/b/a CFI, and Randall Scott Folks, pending in the 341st Judicial District Court, Webb
County, Texas, the Honorable Rebecca Ramirez Palomo presiding.