Opinion
No. 05-06-01636-CV.
December 7, 2006.
Original Proceeding from the County Court at Law No. 6, Collin County, Texas, Trial Court Cause No. 006-830-06.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION
Relator contends the trial judge has clearly abused his discretion on the eve of trial by: (i) disqualifying relator's attorney of record, (ii) excluding the testimony of the real party in interest, Richard Chrisman, (iii) excluding the testimony of relator's former attorney, Jay Taylor, (iv) excluding the relator's representative witness, Delvenia Rush, and (v) admitting evidence against relator which was not disclosed to relator before trial. Additionally, relator asserts the trial judge abused his discretion by refusing to strike defendant's second amended counterclaim, or in the alternative, to extend discovery deadlines.
The record before us does not contain any written orders, signed by the trial judge, regarding any of these rulings. The record reflects that, to date, the trial judge has made only oral pronouncements from the bench before adjourning the trial for nearly a month. Regarding the complaint that the trial judge refused to strike defendant's second amended counterclaim or to extend the discovery deadlines, the record contains only an affidavit from a litigation manager. In the affidavit, she states she was informed by the court clerk that the trial judge cancelled the hearing on the motion to strike and is not inclined to hear the motion. Nevertheless, on the record presented, the relator has not shown that it is entitled to the relief requested at this time. See Tex. R. App. P. 52.8; Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).