Opinion
No. 10-07-00242-CV
Opinion delivered and filed September 19, 2007.
Original Proceeding.
Petitions denied.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
By Belton's petition filed on August 14, 2007, he seeks to compel the trial court to order discovery before the trial court rules on a no-evidence motion for summary judgment in the underlying proceeding. In a supplement to his petition filed on August 22, 2007, Belton has notified us that the trial court granted the no-evidence motion for summary judgment on October 20, 2006. Belton now seeks to modify the petition and have this Court compel the trial court to set aside that judgment.
Belton had an adequate remedy to complain about the trial court's discovery ruling by direct appeal but failed to avail himself of that remedy. Mandamus is an exceptional remedy available only when there is no other adequate legal remedy. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992); Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985).
Accordingly, Belton's petition and supplemental petition, to the extent it seeks different relief, are denied.