In re Bridgestone/Firestone, Inc.--Appeal from 37th Judicial District Court of Bexar County

No. 04-00-00759-CV

IN RE BRIDGESTONE/FIRESTONE, INC.

Original Mandamus Proceeding[1]

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 6, 2000

PETITION FOR WRIT OF MANDAMUS DENIED

On November 3, 2000, Bridgestone/Firestone, Inc. filed a petition for writ of mandamus and a motion for temporary relief. The Court requested a response and ordered the deposition of John Lampe stayed pending final disposition of the petition for writ of mandamus. See Tex. R. App. P. 52.10.[com1]

The court has considered relator=s petition for writ of mandamus and the response of the real party in interest, and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Accordingly, we deny relator=s petition for writ of mandamus and vacate our November 7, 2000 order granting temporary relief.

Relator shall pay all costs incurred in this proceeding.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

Do not publish

[1] This proceeding arises out Cause No. 99-CI-11774, styled Jose Javier Jimenez, et al. v. Bridgestone/Firestone, Inc., et al., pending in the 37th Judicial District Court, Bexar County, Texas, in which the Honorable David Berchelmann, Jr. is the presiding judge; however, the challenged order was entered by the Honorable Andy Mireles, the presiding judge of the 73d Judicial District Court, Bexar County, Texas.

[com1]

You should stay the order of the trial court, i.e. AOrder Denying Discovery Request of the * Judicial District Court, Bexar County, Texas, dated *, in cause number *, styled *.@ You can require a bond to protect the parties. Tex. R. App. P. 52.10(b). The relator must notify or make a diligent effort to notify all parties by expedited means that a motion for temporary relief has been or will be filed and must certify to this court that the relator has complied with the notice requirement before temporary relief will be granted. Tex. R. App. P. 52.10(a).