In re Wardlaw

Full title: IN RE LOUIS WARDLAW, HOT-HED, INC., AND CINARUCO INTERNATIONAL, S.A.…

Court: Court of Appeals of Texas, First District, Houston

Date published: May 23, 2011

No. 01-10-00211-CV (Tex. App. May. 23, 2011)

Opinion

No. 01-10-00211-CV

Opinion issued May 23, 2011.

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices KEYES, HIGLEY, and KERRIGAN.²

2 The Honorable Patricia Kerrigan, Judge of the 190th District Court of Harris County, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

In this petition for writ of mandamus, relators Louis Wardlaw, Hot-Hed, Inc., and Cinaruco International, S.A., request that we grant their petition for writ of mandamus and order the district court to (1) vacate its February 26, 2010 order compelling Wardlaw's compliance with SafeHouse Habitats (Scotland), Ltd.'s subpoena to appear for a post-judgment deposition; and (2) quash the subpoena in its entirety.¹

1 The underlying cause is Hot-Hed, Inc. v. SafeHouse Habitats (Scotland), Ltd., No. 2006-26781, in the 215th District Court of Harris County, the Honorable Steven E. Kirkland presiding. This Court affirmed the trial court's award of attorney's fees to SafeHouse — the judgment SafeHouse is now seeking to enforce — in Hot-Hed, Inc. v. SafeHouse Habitats (Scotland), Ltd., No. 01-09-00547-CV, 2010 WL 4676997 (Tex. App.-Houston [1st Dist.] Nov. 18, 2010, pet. filed) (modifying portions of trial court's declaratory judgment and affirming judgment as modified).

We lift the stay granted March 30, 2010, and we deny the petition for writ of mandamus.