in Re Darryl Armstrong and Armstrong Medical Supply, LLC

Opinion

Opinion issued July 12, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00345-CV

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In re DARRYL ARMSTRONG AND ARMSTRONG MEDICAL SUPPLY, LLC, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relators, Darryl Armstrong and Armstrong Medical Supply, LLC, have filed a petition for writ of mandamus.  See Tex. R. App. P. 52.1.  Relators challenge the trial court’s April 29, 2011 order denying relators’ motion to quash and for protective order.[1] 

          We deny relators’ petition for writ of mandamus.  Accordingly, the stay of the production of documents pursuant to the subpoena served on Bank of America Corporation is lifted.  See Tex. R. App. P. 52.10(b) (providing that “[u]nless vacated or modified, an order granting temporary relief is effective until the case is finally decided”).

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

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[1]           This proceeding arises out of Jordan Reses Supply Company, Respironics, Inc. and Resmed Corp. v. Vaughn Medical Equipment Repair Service, LLC, Marcus Thierry, Nicole Baxter-Thierry, and Joseph & Company, No. 10-DCV-178015, in the 268th District Court, Fort Bend County, Texas, the Hon. Brady Elliott presiding.  However, the respondent here is the Honorable Reagan Clark, visiting judge, who signed the complained-of order.