Ferguson v. Ninth Court of Appeals

Texas Supreme Court

Ferguson v. Ninth Court of Appeals

806 S.W.2d 222, 34 Tex. Sup. Ct. J. 418, 1991 Tex. LEXIS 22, 1991 WL 27768

Texas Supreme Court·Decided March 6, 1991·No. No. D-0363·Published

Opinion

PER CURIAM OPINION OVERRULING MOTION FOR LEAVE TO FILE WRIT OF MANDAMUS

Pursuant to Tex.R.App.P. 211(c), a majority of the court concludes that relator’s motion for leave to file petition for writ of mandamus was improvidently granted. Our order granting such motion is withdrawn, and the motion is overruled. We neither approve nor disapprove of those portions of the Court of Appeals’ opinion concerning waiver of privileges (1) by a party on the basis of its bringing suit, and (2) by a nonparty for failing to assert objections to a subpoena duces tecum within the ten-day period provided by it. Thomas & Betts Corp. v. Martin, 798 S.W.2d 866, 367-68 (Tex.App.1990).

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PER CURIAM OPINION OVERRULING MOTION FOR LEAVE TO FILE WRIT OF MANDAMUS

Pursuant to Tex.R.App.P. 211(c), a majority of the court concludes that relator’s motion for leave to file petition for writ of mandamus was improvidently granted. Our order granting such motion is withdrawn, and the motion is overruled. We neither approve nor disapprove of those portions of the Court of Appeals’ opinion concerning waiver of privileges (1) by a party on the basis of its bringing suit, and (2) by a nonparty for failing to assert objections to a subpoena duces tecum within the ten-day period provided by it. Thomas & Betts Corp. v. Martin, 798 S.W.2d 866, 367-68 (Tex.App.1990).

Ferguson v. Ninth Court of Appeals, 806 S.W.2d 222, 34 Tex. Sup. Ct. J. 418, 1991 Tex. LEXIS 22, 1991 WL 27768 (Tex. 1991).

Pincite

806 S.W.2d 222 (Ferguson v. Ninth Court of Appeals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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