in Re Stuart Gosch and Brenda Gosch

• Court: Court of Appeals of Texas
• Decided: October 13, 2020
• Docket: 01-20-00643-CV
• Status: Published

Opinion

Opinion issued October 13, 2020

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-20-00643-CV ——————————— IN RE STUART GOSCH AND BRENDA GOSCH, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Stuart Gosch and Brenda Gosch, have filed a petition for a writ of

mandamus challenging the trial court’s August 24, 2020 order denying their

motion to compel real party in interest, O’Malley Construction, Inc., “to produce

documents, namely bank statements for accounts utilized for the receipt and

expenditure of funds related to the construction of [relators’] home, which are relevant and essential to the prosecution of [relators’] claims for alter ego and

misapplication of trust funds.”1

We deny the petition. All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Kelly, Goodman, and Countiss.

1 The underlying case is Stuart Gosch and Brenda Gosch v. O’Malley Construction, Inc., Robert O’Malley and Patricia O’Malley, Individually, Cause No. 17-04-24250, pending in the 506th District Court of Waller County, Texas, the Honorable Albert M. McCaig, Jr. presiding. 2