Opinion
No. 05-03-01400-CV.
Opinion issued October 9, 2003.
Original Proceeding from the 298th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 02-10447-M.
Writ of Mandamus Denied.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
Relators contend the trial judge erred in granting a motion to compel production of documents. The facts of this original proceeding are known to the parties so we do not recite them here. Based on the record presented, the Court concludes it is unable to determine at this time if the trial court's order compelling production is based on the motion as originally filed or as modified by the parties' rule 11 agreement. Accordingly, the Court is unable to determine if the trial judge clearly abused his discretion and therefore DENIES relators' petition for writ of mandamus without prejudice. See Tex.R.App.P. 52.8(a). The Court VACATES its stay order issued September 30, 2003.