In re DT Lifestyle, L.L.C.; Cimarron Hills Development L.L.C.; Cimarron 2009, L.L.C.; Cimarron Hills 2009, L.P.; Cimarron TX 2009, L.P.; Gary Elbogen; Daniel S. Smith; Matt Guley; and Chris Hill

No. 03-16-00356-CV (Tex. App.—Austin July 15, 2016) · Texas Court of Appeals, Third District, at Austin · July 15, 2016 · No. No. 03-16-00356-CV

Summary

The Texas Court of Appeals, Third District, considered a petition for writ of mandamus challenging an order compelling discovery. The court dismissed as moot the challenge to requests 26 and 27 because the trial court amended its order, and denied mandamus relief as to the remaining discovery matters.

Holdings

  1. The challenge to requests for production 26 and 27 was moot because the trial court amended its order to omit relief concerning those requests.
  2. Mandamus relief was not warranted because, on the record presented, the trial court did not abuse its discretion.

Questions Presented

  1. Whether the trial court's discovery-compulsion order warranted mandamus relief.
  2. Whether the challenge to the portions of the order concerning requests for production 26 and 27 became moot after the trial court amended its order.

Disposition

writ_denied

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