in Re Sagar Patel and Ajeshkumar Patel

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00165-CV __________________

IN RE SAGAR PATEL AND AJESHKUMAR PATEL __________________________________________________________________

Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D-198,082 __________________________________________________________________

MEMORANDUM OPINION

Sagar Patel and Ajeshkumar Patel, Relators, filed a Petition for Mandamus

and requested a stay of the underlying trial, arguing the trial court abused its

discretion by denying their request to exclude the testimony of what they describe

as an improperly or late designated witness, and in denying their request to continue

trial so Relators’ counsel could conduct discovery regarding the testimony and

prepare for cross-examination.

A writ of mandamus is an extraordinary remedy that will issue only to correct

a clear abuse of discretion for which the relator has no adequate remedy by appeal.

1 See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig.

proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.

proceeding). After considering the petition and accompanying record, we conclude

that Relators have not shown that they have no adequate remedy by appeal.

Accordingly, we deny the petition for a writ of mandamus and the motion for

temporary relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on May 31, 2019 Opinion Delivered June 3, 2019

Before McKeithen, C.J., Kreger and Johnson, JJ.