in Re BFI Waste Services of Texas, LP D/B/A Allied Waste Services of Beaumont and Keenam D. Foley

• Court: Court of Appeals of Texas
• Decided: April 23, 2015
• Docket: 09-15-00136-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00136-CV _________________

IN RE BFI WASTE SERVICES OF TEXAS, LP D/B/A ALLIED WASTE SERVICES OF BEAUMONT AND KEENAM D. FOLEY

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Beaumont

and Keenam D. Foley (Relators) filed a petition for writ of mandamus seeking to

compel the judge of the 60th District Court of Jefferson County, Texas, to vacate

its orders of March 27, 2015, which denied Relators’ request to modify the

discovery control plan and denied Relators’ motion for leave to designate an expert

witness, and to compel the trial court to sign an order modifying the discovery

control plan and granting leave to designate a medical expert. Relators also filed

1 motion for an emergency stay of the trial of the case, which is set on the May 2015

trial docket. See Tex. R. App. P. 52.10(a).

After reviewing the mandamus petition, record, and the response filed by the

real party in interest, Tasha Glasper, we conclude that Relators have failed to

establish an abuse of discretion by the trial court for which an appeal would not

provide an adequate remedy. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124,

135-36 (Tex. 2004). Accordingly, we deny the petition for writ of mandamus and

we deny the motion for emergency relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on April 22, 2015 Opinion Delivered April 23, 2015

Before McKeithen, C.J., Kreger and Johnson, JJ.