in Re: Southwestern Refining Company, Inc.

• Court: Court of Appeals of Texas
• Decided: April 15, 2004
• Docket: 14-04-00035-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Conditionally Granted and Memorandum Opinion filed April 15, 2004

Petition for Writ of Mandamus Conditionally Granted and Memorandum Opinion filed April 15, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00035-CV

IN RE SOUTHWESTERN REFINING COMPANY, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Relator Southwestern Refining Company, Inc. seeks a writ of mandamus directing the Judge of the 212th District Court, Cause No. 03-CV-0043, to vacate her order of December 19, 2003, which compels Southwestern Refining to comply with requests for production.  Southwestern Refining contends that the trial court abused her discretion in requiring the production of documents because the requests were overbroad and irrelevant.  On January 15, 2004, we stayed the discovery order pending our orders.  For the same reasons discussed in In re Reynolds Metals Company, No. 14-04-00001-CV (Tex. App.CHouston [14th Dist.] Apr. 15, 2004), we conclude that the discovery requests in this case are overbroad.

We conditionally grant mandamus relief and direct the trial court to vacate its December 19, 2003 order compelling Southwestern Refining to answer Salias=s requests for production.  Tex. R. App. P. 52.8(c).  The parties have presented general arguments regarding the proper scope of discovery, but have not specifically focused on each of the 136 requests for production.  We also will not address each of the 136 requests; instead, the trial court should review the requests individually and amend its ruling in light of this opinion and the Reynolds Metals= opinion.  See In re Am. Optical Corp., 988 S.W.2d 711, 713B14 (Tex. 1998) (orig. proceeding).  The writ will issue only if the trial court fails to act promptly in accord with this opinion.  This Court=s January 15, 2004 stay order remains in effect until the trial court vacates the December 19, 2003 order. 

/s/        Harvey J. Hudson

Justice

Petition Conditionally Granted and Memorandum Opinion filed April 15, 2004.

Panel consists of Justices Yates, Hudson, and Fowler.