in Re: Connie Parker on Behalf of Louis Henyard

• Court: Court of Appeals of Texas
• Decided: March 1, 2022
• Docket: 05-21-00688-CV
• Status: Published

Opinion

DENY and Opinion Filed March 1, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00688-CV

IN RE CONNIE PARKER ON BEHALF OF LOUIS HENYARD, Relator

Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-20-18116

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne In this original proceeding, relator seeks relief from the trial court’s August 5,

2021 discovery order, which denied in part a motion to compel production of certain

documents pursuant to the stay of discovery found in Texas Civil Practice and

Remedies Code section 74.351(s). See TEX. CIV. PRAC. & REM. CODE § 74.351(s).

To be entitled to mandamus relief, relator must demonstrate that the trial court has

clearly abused its discretion and that she has no adequate appellate remedy. In re

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

In light of the Texas Supreme Court’s recent decision in In re LCS SP, LLC,

No. 20-0694 (Tex. Feb. 25, 2022) (orig. proceeding), we conclude that relator has

failed to demonstrate a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We also lift the stay issued by

our August 20, 2021 order.

210688f.p05 /Leslie Osborne// LESLIE OSBORNE JUSTICE

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