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In re Godwin Gruber

Court of Appeals of Texas, Fifth District, Dallas
Nov 3, 2006
No. 05-06-01468-CV (Tex. App. Nov. 3, 2006)

Opinion

No. 05-06-01468-CV

Opinion issued November 3, 2006.

Original Proceeding from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-07541.

Writ of Mandamus Denied.

Before Justices MOSELEY, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


Relators contend the trial court abused its discretion by denying their motion for protective order and in granting the real parties' motion to compel discovery. Relators state the discovery requests involving 30 separate persons or entities are overbroad and seek information not relevant to the case. Relators state the suit filed against them alleges "breach of fiduciary duty, legal malpractice, violations of the Texas Securities Act, and negligent misrepresentation, among other causes of action."

The record filed with a petition for writ of mandamus must contain a copy of "every document that is material to the relator's claim for relief. . . ." Tex.R.App.P. 52.7(a)(1). A review of the relevancy of a discovery request is generally done on a close examination of the pleadings and specific claims and defenses made. In re Alford Chevrolet-Geo, 997 S.W.2d 173, 180 n. 1 (Tex. 1999). Sheer volume of a discovery request does not in itself render a request irrelevant or overbroad as a matter of law. Id. The record filed with relators' petition for writ of mandamus does not contain the plaintiffs' active pleadings. Based on the record before us, we are unable to determine as a matter of law that the trial court clearly abused its discretion in denying the motion for protective order and granting the motion to compel. Accordingly, we DENY relators' petition for writ of mandamus. See Tex.R.App.P. 52.8(a).


Summaries of

In re Godwin Gruber

Court of Appeals of Texas, Fifth District, Dallas
Nov 3, 2006
No. 05-06-01468-CV (Tex. App. Nov. 3, 2006)
Case details for

In re Godwin Gruber

Case Details

Full title:IN RE GODWIN GRUBER, LLP AND PHILLIP W. OFFILL, JR., Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 3, 2006

Citations

No. 05-06-01468-CV (Tex. App. Nov. 3, 2006)