In re Tom Bernson d/b/a Bernson Enterprises

Summary

The Texas Court of Appeals for the Seventh District denied Tom Bernson’s petition for writ of mandamus seeking additional discovery time in an underlying case. Because the underlying case had already been tried, the court held that the record did not demonstrate that an appeal would be an inadequate remedy.

Holdings

1. Mandamus relief was unavailable because, after the underlying case had been tried, the record did not demonstrate that an appeal from the trial court's judgment would be an inadequate remedy.

Questions Presented

1. Whether mandamus relief was available to compel additional discovery time after the underlying case had been tried.
2. Whether Bernson demonstrated that he lacked an adequate remedy by appeal.

Disposition

writ_denied