in Re Darryl Armstrong and Armstrong Medical Supply, LLC

Opinion

Opinion issued April 18, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00208-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 March 4, 2011 order in which the trial court orders Darryl Armstrong to sit for deposition (1) pursuant to Rule of Civil Procedure 202 and (2) pursuant to its inherent power to “enforce its final judgment and accompanying injunctions entered in this action.”[1] 

          We deny relators’ petition for writ of mandamus.  Accordingly, the stay of the taking of the deposition previously imposed in this proceeding is lifted.  See Tex. R. App. P. 52.10(b) (“Unless 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]           The respondent is The Honorable Brady Elliott, Presiding Judge of the 268th District Court of Fort Bend County.  The underlying suit is 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 (268th Dist. Court, Fort Bend County, Tex.).