in Re State of Texas

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00390-CV _________________

IN RE STATE OF TEXAS

________________________________________________________________________

Original Proceeding County Court at Law No. 2 of Montgomery County, Texas Trial Cause No. 14-05-05339-CV ________________________________________________________________________

MEMORANDUM OPINION

The State of Texas, the relator, filed a petition for writ of mandamus and a

motion for temporary relief. See Tex. R. App. P. 52.8, 52.10. The State contends

the trial court compelled discovery protected by the consulting expert privilege.

See Tex. R. Civ. P. 192.3(e). On September 24, 2015, we granted the motion for

temporary relief, stayed any discovery, depositions, or production of documents

compelled by the trial court’s order of September 11, 2015, and requested a

response from Harper & Manning Investment Properties, LLC, the real party in

interest.

1 After reviewing the mandamus petition, response, and record, we conclude

that the State has not shown that the trial court abused its discretion. Accordingly,

we dissolve our stay and deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on October 5, 2015 Opinion Delivered October 8, 2015

Before Kreger, Horton, and Johnson, JJ.