In re Weeks Marine, Inc. and Atlantic Sounding Company, Inc.--Appeal from 381st Judicial District Court of Starr County
Annotate this CaseNo. 04-07-00772-CV
IN RE WEEKS MARINE, INC.
and Atlantic Sounding Company, Inc.
Original Mandamus Proceeding (1)
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: November 21, 2007
PETITION FOR WRIT OF MANDAMUS DENIED
In this original mandamus proceeding, relators Weeks Marine, Inc. and Atlantic Sounding Company, Inc. complain of the trial court's order compelling them to produce documents in the underlying negligence suit. Mandamus issues to correct a discovery ruling only when the trial court commits a clear abuse of discretion and appeal is not an adequate remedy. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 840-43 (Tex. 1992) (orig. proceeding). The burden of establishing a clear abuse of discretion and an inadequate appellate remedy is on the party resisting discovery. In re CSX Corp., 124 S.W.3d at 151 (citing Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding)). The burden is a heavy one. Id. After reviewing the petition and the record before us, we conclude the relators have not met this heavy burden. Accordingly, the petition is denied. See Tex. R. App. P. 52.8(a).
PER CURIAM
1. This proceeding arises out of Cause No. DC-06-197, styled Rogelio Salinas-Campos v. Weeks Marine, Inc. and Atlantic Sounding Co., Inc., pending in the 381st Judicial District Court, Starr County, Texas, the Honorable Jose Luis Garza presiding.
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