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IN RE RAMIREZ, 05-19-01081-CV. (2019)

Court: Court of Appeals of Texas Number: intxco20191122686 Visitors: 18
Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: MEMORANDUM OPINION Opinion by Justice BILL WHITEHILL . Before the Court is relator's petition for writ of mandamus in which he contends the trial court abused its discretion by excluding the testimony of certain experts pursuant to TEX. R. CIV. P. 193.6. Based on relator's request, we also stayed the underlying proceeding pending disposition of relator's petition for writ of mandamus. Entitlement to mandamus relief requires relator to show both that the trial court has clearly abused its
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MEMORANDUM OPINION

Before the Court is relator's petition for writ of mandamus in which he contends the trial court abused its discretion by excluding the testimony of certain experts pursuant to TEX. R. CIV. P. 193.6. Based on relator's request, we also stayed the underlying proceeding pending disposition of relator's petition for writ of mandamus.

Entitlement to mandamus relief requires relator to show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the mandamus record, we conclude relator has not shown he is entitled to the relief requested.

Accordingly, we deny relator's petition for writ of mandamus and lift our stay of the underlying proceedings. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

Source:  Leagle

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