Opinion
05-21-01029-CV
06-23-2022
IN RE LIBERTY COUNTY MUTUAL INSURANCE COMPANY AND ANGELA SUE HARRINGTON, Relators
Original Proceeding from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-02017-2021
Before Justices Osborne, Pedersen, III, and Goldstein
MEMORANDUM OPINION
LESLIE OSBORNE JUSTICE
In this original proceeding, relators Liberty County Mutual Insurance Company (Liberty) and Angela Sue Harrington petition this Court for a writ of mandamus ordering respondent to vacate and set aside her order dated November 3, 2021, denying relators' motion to quash the oral deposition of Liberty's corporate representative and to grant relators' motion to quash. We requested a response from respondent and real party in interest, but none was filed.
Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. 1 proceeding). After reviewing relators' petition and the record, we conclude that relators have failed to demonstrate a clear abuse of discretion. See Tex. R. App. P. 52.8(a).
Additionally, we note that the verification of the record indicates that pages 1MR:61-3MR:1711 of the record were part of relators' supplemental motion as that motion was filed in the trial court. See Tex. R. App. P. 52.7(a). After reviewing the record, however, these pages do not appear to have been filed with the supplemental motion as an exhibit thereto. See Constant v. Gillespie, No. 05-20-00734-CV, 2022 WL 1564555, at *6 (Tex. App.-Dallas May 18, 2022, no pet. h.) (mem. op.).
Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We also lift the stay issued by our order dated December 7, 2021. 2