In Re Patrick Warner Mizell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 5, 2024
• Docket: 01-24-00155-CV
• Status: Published

Opinion

Opinion issued March 5, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00155-CV ——————————— IN RE PATRICK WARNER MIZELL, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Patrick Warner Mizell, filed a petition for writ of mandamus

challenging the trial court’s January 17, 2024 order granting the “Motion for

Protective Order and Motion to Limit Scope of Deposition Questions Permitted to

be Asked of Richard Boucher as a Fact Witness” filed by Texas Neuro Spine and Ortho, a non-party to the underlying case.1 Mizell requested that this Court grant his

petition for writ of mandamus and direct “the trial court to vacate its January 17,

2024 Discovery Order.”

In connection with his mandamus petition, Mizell also filed an “Emergency

Motion for Temporary Stay of Pretrial Proceedings and Trial Setting.” In his

motion, Mizell requested that the Court “stay the pretrial proceedings in the

underlying ca[se] (including the March 15, 2024 pretrial exchange deadline) and the

March 25, 2024 trial setting until this Court rules” on his petition for writ of

mandamus.

Our review of Mizell’s mandamus petition reflects that he has failed to

establish that he is entitled to mandamus relief. See TEX. R. APP. P. 52.7(a)(1).

Accordingly, we deny Mizell’s petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). We further deny as moot Mizell’s “Emergency Motion for Temporary Stay

of Pretrial Proceedings and Trial Setting,” and dismiss any other pending motions as

moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.

1 The underlying case is Tyrus Wesley Mammos v. Patrick Warner Mizell, Cause No. 2020-01595, in the 125th District Court of Harris County, Texas, the Honorable Kyle Carter presiding.