In Re: Questcare Intensivists, PLLC and David A. Brickey, D.O. Appeal from County Court at Law No. 1 of Dallas County (memorandum opinion )
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DENY; and Opinion Filed January 26, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01374-CV IN RE QUESTCARE INTENSIVISTS, PLLC AND DAVID A. BRICKEY, D.O., Relators Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-13-05533-A MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Schenck In this original proceeding, relators seek relief from the trial court’s Order Granting Plaintiff’s Motion to Compel Answers to Plaintiff’s Second Set of Interrogatories to Defendant David A Brickey, D.O. and Order Granting Plaintiff’s Motion to Exclude Opinions of Dr. Yarbrough both signed October 28, 2015. 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 appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude relators have not established a right to relief. We deny the petition. /David J. Schenck/ DAVID J. SCHENCK JUSTICE 151374F.P05
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