in Re Sayed Farid Youssef and Laura Youssef

• Court: Court of Appeals of Texas
• Decided: March 7, 2019
• Docket: 09-19-00056-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-19-00056-CV _________________

IN RE SAYED FARID YOUSSEF AND LAURA YOUSSEF ________________________________________________________________________

Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV29687 ________________________________________________________________________

MEMORANDUM OPINION

In a mandamus petition, Sayed Farid Youssef and Laura Youssef argue that

the trial court clearly abused its discretion by: (1) striking testimony from expert

witnesses that were timely designated by other defendants and deposed before the

trial court severed the partial summary judgment on all claims against those

defendants; (2) striking designations of experts, and testimony from those experts,

who were identified by the Youssefs in a supplemental disclosure after the deadline

for designating experts but prior to the close of discovery; and (3) denying a motion

for leave of court to file a late designation of experts. 1 A writ of mandamus is an extraordinary remedy that will issue only to correct

a clear abuse of discretion for which the relators have no adequate remedy by appeal.

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 examining the documents contained

in the appendices, we conclude that the Youssefs have not established that the trial

court clearly abused its discretion. Accordingly, we deny the petition for a writ of

mandamus. See Tex. R. App. P. 52.8(a). The motion for temporary relief is denied

as moot.

PETITION DENIED. PER CURIAM

Submitted on March 6, 2019 Opinion Delivered March 7, 2019

Before Kreger, Horton, and Johnson, JJ.