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In re Towery

Court of Appeals Ninth District of Texas at Beaumont
Jun 2, 2020
NO. 09-20-00149-CV (Tex. App. Jun. 2, 2020)

Opinion

NO. 09-20-00149-CV

06-02-2020

IN RE PATRICIA TOWERY


Original Proceeding
284th District Court of Montgomery County, Texas
Trial Court Cause No. 17-03-03389

MEMORANDUM OPINION

Patricia Towery filed a petition for a writ of mandamus to require the trial court to vacate an order compelling post-judgment discovery and requiring Towery to appear for a deposition. Towery claims that compelling her compliance with post-judgment discovery will endanger her health, but she has not shown that she requested an accommodation from the trial court. See Seventeenth Emergency Order Regarding COVID-19, No. 20-9071, § 3(c) (Tex. May 26, 2020).

Towery's appeal of the trial court's judgment is pending in Appeal Number 09-20-00054-CV, Patricia A. Towery et al. v. Realty Partners, Inc. d/b/a Century 21 Realty Partners.

Mandamus is a remedy that is available when a trial court clearly abuses its discretion and there is no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Mandamus is not available to compel what may be accomplished by supersedeas. In re Ng, No. 09-17-00386-CV, 2017 WL 4848706 (Tex. App.—Beaumont Oct. 27, 2017, orig. proceeding) (mem. op.). The relator has not shown that she is entitled to mandamus relief. See Tex. R. App. P. 52.8. Accordingly, we deny the petition for a writ of mandamus. Id.

PETITION DENIED.

PER CURIAM Submitted on June 1, 2020
Opinion Issued June 2, 2020 Before McKeithen, C.J., Horton and Kreger, JJ.


Summaries of

In re Towery

Court of Appeals Ninth District of Texas at Beaumont
Jun 2, 2020
NO. 09-20-00149-CV (Tex. App. Jun. 2, 2020)
Case details for

In re Towery

Case Details

Full title:IN RE PATRICIA TOWERY

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jun 2, 2020

Citations

NO. 09-20-00149-CV (Tex. App. Jun. 2, 2020)