In re Saxon Mortgage Services, Inc., Relator v. --Appeal from 229th Judicial District Court of Starr County (memorandum opinion per curiam)

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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). PER CURIAM 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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