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In re Freshpoint Dall., Inc.

Court of Appeals Fifth District of Texas at Dallas
Jul 17, 2014
No. 05-14-00872-CV (Tex. App. Jul. 17, 2014)

Summary

denying mandamus relief where "[r]elators have not established that the trial court has clearly abused its discretion in ordering that a videographer must be present during the independent medical examination of the real party in interest."

Summary of this case from In re Soc'y of Our Lady Trinity

Opinion

No. 05-14-00872-CV

07-17-2014

IN RE FRESHPOINT DALLAS, INC. AND ARTURO CORONEL-NEGRETE, Relator


DENY; and Opinion Filed July 17, 2014.

On Appeal from the 298th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-12600


MEMORANDUM OPINION

Before Chief Justice Wright, Justice FitzGerald, and Justice Francis

Opinion by Justice FitzGerald

Relators filed this petition for writ of mandamus contending that the trial court abused its discretion by ordering that a videographer must be present during the independent medical examination of the real party in interest. Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Mandamus is appropriate "only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law." Id. To obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker, 827 S.W.2d at 839.

Relators have not established that the trial court has clearly abused its discretion in ordering that a videographer must be present during the independent medical examination of the real party in interest. Accordingly, relators have failed to establish that they are entitled to relief. TEX. R. APP. P. 52.8(a). We DENY the petition for writ of mandamus.

__________

KERRY P. FITZGERALD

JUSTICE
140872F.P05


Summaries of

In re Freshpoint Dall., Inc.

Court of Appeals Fifth District of Texas at Dallas
Jul 17, 2014
No. 05-14-00872-CV (Tex. App. Jul. 17, 2014)

denying mandamus relief where "[r]elators have not established that the trial court has clearly abused its discretion in ordering that a videographer must be present during the independent medical examination of the real party in interest."

Summary of this case from In re Soc'y of Our Lady Trinity
Case details for

In re Freshpoint Dall., Inc.

Case Details

Full title:IN RE FRESHPOINT DALLAS, INC. AND ARTURO CORONEL-NEGRETE, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 17, 2014

Citations

No. 05-14-00872-CV (Tex. App. Jul. 17, 2014)

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In re Soc'y of Our Lady Trinity

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