In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00069-CV
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IN RE MARK HARDING
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Original Proceeding
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MEMORANDUM OPINION
Mark Harding filed a petition for writ of mandamus seeking relief from pre-
trial rulings made by the judge presiding over a case filed in the 253rd District
Court and assigned to the County Court at Law of Liberty County, Texas. In three
issues, Harding contends the trial court abused its discretion (1) by denying a
motion to compel the real party in interest, Bradley A. Butcher, to respond to
Harding’s request for disclosure, (2) by granting a motion for continuance, and (3)
by allowing Butcher to file an amended pleading that changed the case’s discovery
level. Harding asks this Court to compel the trial court to strike Butcher’s
objections to the request for disclosure, strike the plaintiff’s first amended petition,
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and immediately set the case for trial. On March 10, 2015, the visiting judge
assigned to hear the case signed a scheduling order establishing deadlines for
pleading and discovery and setting the case for trial on November 2, 2015.
After reviewing the mandamus petition and record, we conclude that the
relator failed to establish an abuse of discretion by the trial court for which an
appeal would not provide an adequate remedy. See In re Prudential Ins. Co. of
Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Accordingly, we deny the petition for
writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on March 25, 2015
Opinion Delivered March 26, 2015
Before McKeithen, C.J., Kreger and Horton, JJ.
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