in Re: Life Partners, Inc., Life Partners Holdings, Inc., Brian D. Pardo, and R. Scott Peden

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 05-14-01156-CV
• Status: Published

Opinion

DENY and Opinion Filed October 21, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01156-CV

IN RE LIFE PARTNERS, INC., LIFE PARTNERS HOLDINGS, INC., BRIAN D. PARDO, AND R. SCOTT PEDEN, Relators

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-10639

MEMORANDUM OPINION Before Justices O'Neill, Lang, and Brown Opinion by Justice Brown Relators filed this petition for writ of mandamus asking the Court to order the trial court

to vacate its orders denying relators’ motions to exclude the testimony of three expert witnesses

and to enter new orders excluding the witnesses. The facts and issues are well known to the

parties so we do not recount them here. Ordinarily, to obtain mandamus relief, a relator must

show both that the trial court has clearly abused its discretion and that relator has no adequate

remedy on appeal. 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 they are

entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833,

839–40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relators’ petition for writ of

mandamus. In their response to the petition for writ of mandamus, the real parties in interest have

asked the Court to sanction relators. See TEX. R. APP. P. 52.11. We DENY the request for

sanctions.

/Ada Brown/ ADA BROWN JUSTICE

141156F.P05

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