Brandi Renee Day D/B/A Designer Secrets v. Larry Smith and Diana Smith

• Court: Court of Appeals of Texas
• Decided: September 17, 2012
• Docket: 13-12-00548-CV
• Status: Published

Opinion

NUMBER 13-12-00427-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE CRIMSON EXPLORATION, INC.

On Petition for Writ of Mandamus

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion by Justice Garza On July 6, 2012, relator, Crimson Exploration, Inc., filed a petition for writ of

mandamus in which it alleged that respondent, the Honorable W.C. Kirkendall, presiding

judge of the Second 25th Judicial District Court of Lavaca County, Texas, abused his

discretion by rendering a discovery order in the underlying cause, trial court cause

number 10-11-21491-CV, on June 12, 2012. The June 12 order compelled relator to

produce, within 15 days of the order, certain items that relator claims are protected by

attorney-client and work product privileges. The trial court subsequently extended the

deadline for production until Monday, July 9, 2012. Relator also filed an emergency motion for stay of the proceedings in the trial court.

On July 6, 2012, this Court ordered a stay of proceedings in trial court cause

number 10-11-21491-CV and requested a response by the real parties in interest. On

August 6, 2012, real party in interest Magnum Producing, L.P. filed a response. The

parties subsequently filed additional replies and supplemental response briefs.

The Court, having examined and fully considered the petition for writ of

mandamus, response, and documents on file, is of the opinion that relator has not

shown itself to be entitled to the relief sought. Accordingly, the petition for writ of

mandamus is hereby DENIED and the stay granted on July 6, 2012 in trial court cause

number 10-11-21491-CV is hereby LIFTED.

PER CURIAM

Delivered and filed the 17th day of September, 2012.