in Re: Vaishnavi Enterprises, Inc. and Suresh Kumar J. Shah

• Court: Court of Appeals of Texas
• Decided: October 31, 2002
• Docket: 01-02-01145-CV
• Status: Published

Opinion

Opinion issued October 31, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01145-CV

IN RE VAISHNAVI ENTERPRISES, INC. AND SURESH KUMAR J. SHAH, Relators

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relators, Vaishnavi Enterprises, Inc. and Suresh Kumar J. Shah, have filed a petition for writ of mandamus complaining of the trial court's ⁽¹⁾ October 21, 2002 order, granting the real parties in interest, AKAL Investments Corporation and Sanjeev Dabubhai Patel's, motion to quash the deposition of a non-party witness as outside the discovery period. See Tex. R. Civ. P. 199.2.

To be entitled to relief by writ of mandamus, relators must demonstrate that the trial court committed a clear abuse of discretion, and that relators lack an adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 833, 842 (Tex. 1992) (orig. proceeding). Relators have not demonstrated that the trial court abused its discretion.

We deny the petition for writ of mandamus. All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.

1. The Honorable Jennifer Elrod, judge of the 190th District Court of Harris County. The underlying case is trial court no. 2001-49584, styled

AKAL Investments Corporation and Sanjeev Dabubhai Patel v. Vaishnavi Enterprises, Inc. and Suresh Kumar J. Shah, individually.