Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 22, 2003.
In The
Fourteenth Court of Appeals
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NO. 14-03-01337-CV
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IN RE UNION CARBIDE CORPORATION, Relator
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ORIGINAL PROCEEDING
WRIT OF MANDAMUS
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M E M O R A N D U M O P I N I O N
On December 1, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov’t. Code Ann. § 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52. In its petition, relator seeks to have this Court compel the Hon. J. Ray Gayle, III, Administrative Judge, 23rd District Court, Brazoria County, to set aside his November 24, 2003 orders entered in trial court cause number 19785-BH02, styled Kelly-Moore Paint Company, Inc. v. Dow Chemical Company, et al. (1) denying relator’s motion to dismiss for want of jurisdiction alleging the real party plaintiff’s claims are not yet ripe; and (2) requiring production of unredacted medical records of its employees.
By order dated December 1, 2003, this Court stayed production of the employee records until final decision by this Court on relator’s petition for writ of mandamus, or until further order of this Court.
We conclude relator has an adequate remedy by appeal to challenge the denial of its motion to dismiss for lack of jurisdiction. We further conclude relator has not established Judge Gayle abused his discretion in ordering production of the employee records.
We deny relator’s petition for writ of mandamus. This Court’s stay order of December 1, 2003, is lifted, and the King City Employee Records, which were the subject of the trial court’s November 24, 2003 order, are ordered to be produced on or before December 30, 2003, in accordance with the order of the court below.
PER CURIAM
Petition Denied and Memorandum Opinion filed December 22, 2003.
Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.