In re Fitzgerald

OPINION

JAMES T. WORTHEN, Chief Justice.

In this original mandamus proceeding, Buster Fitzgerald challenges the trial court’s judgment finding him in contempt for failing to comply with an order compelling discovery. We deny the petition.1

*890 Background

On March 4, 1988, the trial court signed an agreed judgment awarding Tyler National Bank approximately $40,000.00 from Fitzgerald. In 1990, the FDIC, as liquidator of Tyler National Bank, assigned the judgment to The Cadle Company.

Writs of execution were issued in 1995 and 2005, but both were returned by the sheriff after attempts to serve…