Writ of Mandamus is Conditionally Granted; Opinion Filed July 26, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00538-CV
IN RE PATRICK DOAK, JERRY ZEMANSKI AND STEVEN BIN, Relators
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-00538-2013
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Myers
Opinion by Justice Lang
Relators filed this petition for writ of mandamus claiming the trial court erred in ordering
them to submit to depositions under TEX. R. CIV. P. 202. For the reasons articulated in our
opinion of today’s date in In re Campo, et al., No. 05-13-00477-CV, we conclude the trial court
abused its discretion in ordering the depositions and that relators have no adequate remedy by
appeal. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). We
therefore conditionally grant the writ of mandamus. A writ will issue only in the event the trial
court fails to vacate its April 5, 2013 “Order Granting Davaco, Inc.’s Rule 202 Petition” and to
render an order denying that petition.
/Douglas S. Lang/
DOUGLAS S. LANG
130538F.P05 JUSTICE