In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00390-CV
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IN RE STATE OF TEXAS
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Original Proceeding
County Court at Law No. 2 of Montgomery County, Texas
Trial Cause No. 14-05-05339-CV
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MEMORANDUM OPINION
The State of Texas, the relator, filed a petition for writ of mandamus and a
motion for temporary relief. See Tex. R. App. P. 52.8, 52.10. The State contends
the trial court compelled discovery protected by the consulting expert privilege.
See Tex. R. Civ. P. 192.3(e). On September 24, 2015, we granted the motion for
temporary relief, stayed any discovery, depositions, or production of documents
compelled by the trial court’s order of September 11, 2015, and requested a
response from Harper & Manning Investment Properties, LLC, the real party in
interest.
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After reviewing the mandamus petition, response, and record, we conclude
that the State has not shown that the trial court abused its discretion. Accordingly,
we dissolve our stay and deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on October 5, 2015
Opinion Delivered October 8, 2015
Before Kreger, Horton, and Johnson, JJ.
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