In Re: Susser Petroleum Company, L.P.--Appeal from 332nd District Court of Hidalgo County

   NUMBER 13-06-195-CV

   COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

  CORPUS CHRISTI  - EDINBURG

IN RE: SUSSER PETROLEUM COMPANY, L.P.

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

  MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Memorandum Opinion Per Curiam

On April 26, 2006, relator, Susser Petroleum Co., L.P. filed a petition for writ of mandamus with this Court in which it alleges that on April 24, 2006, the respondent, the Honorable Mario Ramirez, Presiding Judge of the 332nd Judicial District Court, abused his discretion by ordering relator to produce discovery materials protected by the trade secret privilege under Texas law. Relator=s petition for writ of mandamus asks this Court to order the respondent to vacate the April 24, 2006 order. In addition, relator filed a motion for emergency relief, asking this Court to order a stay of the April 24, 2006 order. This Court stayed all proceedings in the underlying action and requested a response from the real party in interest. The real party in interest, Leo J. Leo, Jr. d/b/a Leo=s No. 2, filed his response to the petition for writ of mandamus on May 10, 2006. The relator filed a reply to real party in interest=s response on May 16, 2006. On May 25, 2006 the real party in interest filed a sur-response to relator=s petition for writ of mandamus.

Having examined and fully considered the petition for writ of mandamus, real party in interest=s response, relator=s reply to response, and real party in interest=s sur-response, this Court denies the petition and lifts the stay granted on relator=s emergency motion. The petition for writ of mandamus is hereby DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and

filed this the 26th day of May, 2006.