In Re: Patrick Doak, Jerry Zemanski and Steven BinAppeal from 296th Judicial District Court of Collin County (memorandum opinion )

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Writ of Mandamus is Conditionally Granted; Opinion Filed July 26, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00538-CV IN RE PATRICK DOAK, JERRY ZEMANSKI AND STEVEN BIN, Relators On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-00538-2013 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice Lang Relators filed this petition for writ of mandamus claiming the trial court erred in ordering them to submit to depositions under TEX. R. CIV. P. 202. For the reasons articulated in our opinion of today s date in In re Campo, et al., No. 05-13-00477-CV, we conclude the trial court abused its discretion in ordering the depositions and that relators have no adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). We therefore conditionally grant the writ of mandamus. A writ will issue only in the event the trial court fails to vacate its April 5, 2013 Order Granting Davaco, Inc. s Rule 202 Petition and to render an order denying that petition. 130538F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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