in Re: Jennifer Caraway, Lee Brooke, and Avidel Medicial Management, Inc.

• Court: Court of Appeals of Texas
• Decided: December 4, 2018
• Docket: 05-18-01418-CV
• Status: Published

Opinion

Denied and Opinion Filed December 4, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01418-CV

IN RE JENNIFER CARAWAY, LEE BROOKE, AND AVIDEL MEDICIAL MANAGEMENT, INC., Relators

Original Proceeding from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 417-05808-2018

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relators seek a writ of mandamus directing the trial court to

vacate orders denying relators’ requests for expedited discovery and for protective order and issue

orders granting relators’ requests for expedited discovery and for protective order. To be entitled

to mandamus relief, a relator must show both that the trial court has clearly abused its discretion

and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124,

135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have

not shown a clear abuse of discretion. Accordingly, we deny relators’ petition for writ of

mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines

relator is not entitled to the relief sought).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE 181418F.P05