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In re Latham

Court of Appeals of Texas, Fifth District, Dallas
Oct 1, 2024
No. 05-24-00950-CV (Tex. App. Oct. 1, 2024)

Opinion

05-24-00950-CV

10-01-2024

IN RE DAVID LATHAM, M.D., DILLON PAUL, M.D., AND AKRAM ABD EL KADER, M.D., Relators


Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-04271

Before Justices Pedersen, III, Smith, and Garcia

MEMORANDUM OPINION

BILL PEDERSEN, III JUSTICE

In this original proceeding, relators seek mandamus relief from three discovery orders: (1) Order Denying Plaintiffs' Motion to Compel EHC Consulting, LLC's Responses to Subpoena and Request for Sanctions; (2) Order Denying Plaintiffs' Motion to Compel Non-Parties ER Hulen, LLC, ER Addison, LLC, and ERNearMe Plano, LLC's Responses to Subpoena and Request for Sanctions; and (3) Order Granting Defendants' Motion to Quash Plaintiffs' Subpoena Duces Tecum to MedOps Consulting, LLC and Motion for Protection, and Denying Plaintiffs' Motion to Compel MedOps Consulting, LLC's Discovery Responses. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

After reviewing the petition, the response, and the record before us, we conclude that relators have failed to demonstrate that the trial court clearly abused its discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Latham

Court of Appeals of Texas, Fifth District, Dallas
Oct 1, 2024
No. 05-24-00950-CV (Tex. App. Oct. 1, 2024)
Case details for

In re Latham

Case Details

Full title:IN RE DAVID LATHAM, M.D., DILLON PAUL, M.D., AND AKRAM ABD EL KADER, M.D.…

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

Date published: Oct 1, 2024

Citations

No. 05-24-00950-CV (Tex. App. Oct. 1, 2024)