Opinion
NO. 14-17-00996-CV
01-03-2018
IN RE CNL INCOME FEC SOUTH HOUSTON, LLC D/B/A ZUMA FUN CENTER AND AMUSEMENT MANAGEMENT PARTNERS, LLC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
295th District Court Harris County, Texas
Trial Court Cause No. 2014-31431
MEMORANDUM OPINION
On December 27, 2017, relators CNL Income FEC South Houston, LLC d/b/a Zuma Fun Center and Amusement Management Partners, LLC filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Caroline Baker, presiding judge of the 295th District Court of Harris County, to vacate the portion of the Order she signed on December 7, 2017 that grants a motion to enforce a discovery agreement of the parties and compels relators' expert witnesses, Dr. Leonard Hershkowitz, Dr. James Mandel, and Emma Vasquez, to each produce an affidavit or declaration under penalty of perjury stating the general dollar amount of his or her gross income he or she has made doing forensic expert work related to litigation for the years 2013, 3014, 2015, and 2016 (the "Discovery Order").
Relators have also filed a motion for temporary relief asking our court to stay the Discovery Order pending the determination of the petition. See Tex. R. App. P. 52.10.
To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
Relators have not established that they are entitled to mandamus relief. We therefore deny relators' petition for writ of mandamus and motion for temporary relief.
PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown.