Opinion
No. 05-10-00792-CV
Opinion Issued July 30, 2010.
Original Proceeding from the 416th Judicial District Court, Collin County, Texas, Trial Court Cause No. 416-02008-2009.
Before Justices MORRIS, RICHTER, and MURPHY.
MEMORANDUM OPINION
The Court has before it relators' motion for rehearing of our opinion of July 13, 2010, in which we denied relators' petition for writ of mandamus, concluding that relators' petition did not satisfy the requirements of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(j); In re Butler, 270 S.W.3d 757, 758 (Tex. App.-Dallas 2008, orig. proceeding). Relators' gravamen stemmed from subpoenas served on three non-parties to which relators filed a motion for protective order with the trial court. The trial court conducted a hearing, expressed its concern that the subpoenas were unenforceable, and, accordingly, denied relators' motion for protection.
Based on the record before us, we conclude that relators have failed to show that the trial court abused its discretion in denying relators protection from unenforceable subpoenas. Accordingly, we DENY relators' petition for writ of mandamus.