Opinion
No. 01-11-00208-CV
Opinion issued April 18, 2011.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices JENNINGS, HIGLEY, and BROWN.
MEMORANDUM OPINION
Relators, Darryl Armstrong and Armstrong Medical Supply, LLC, have filed a petition for writ of mandamus. See TEX. R. APP. P. 52.1. Relators challenge the trial court's March 4, 2011 order in which the trial court orders Darryl Armstrong to sit for deposition (1) pursuant to Rule of Civil Procedure 202 and (2) pursuant to its inherent power to "enforce its final judgment and accompanying injunctions entered in this action."
The respondent is The Honorable Brady Elliott, Presiding Judge of the 268th District Court of Fort Bend County. The underlying suit is Jordan Reses Supply Company, Respironics, Inc. and Resmed Corp. v. Vaughn Medical Equipment Repair Service, LLC, Marcus Thierry, Nicole Baxter-Thierry, and Joseph Company, No. 10-DCV-178015 (268th Dist. Court, Fort Bend County, Tex.).
We deny relators' petition for writ of mandamus. Accordingly, the stay of the taking of the deposition previously imposed in this proceeding is lifted. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.").