In Re: Life Partners, Inc., Life Partners Holdings, Inc., Brian D. Pardo, and R. Scott Peden Appeal from 191st Judicial District Court of Dallas County (memorandum opinion )
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DENY and Opinion Filed October 21, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01156-CV IN RE LIFE PARTNERS, INC., LIFE PARTNERS HOLDINGS, INC., BRIAN D. PARDO, AND R. SCOTT PEDEN, Relators Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-10639 MEMORANDUM OPINION Before Justices O'Neill, Lang, and Brown Opinion by Justice Brown Relators filed this petition for writ of mandamus asking the Court to order the trial court to vacate its orders denying relators motions to exclude the testimony of three expert witnesses and to enter new orders excluding the witnesses. The facts and issues are well known to the parties so we do not recount them here. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate remedy on appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135 36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839 40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relators petition for writ of mandamus. In their response to the petition for writ of mandamus, the real parties in interest have asked the Court to sanction relators. See TEX. R. APP. P. 52.11. We DENY the request for sanctions. /Ada Brown/ ADA BROWN JUSTICE 141156F.P05 2
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