In re J. Heath Deneke Appeal from 133rd District Court of Harris County (memorandum opinion per curiam)

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Opinion issued May 9, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00260-CV ——————————— IN RE J. HEATH DENEKE, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, J. Heath Deneke, has filed a petition for a writ of mandamus challenging the trial court’s March 21, 2022 oral ruling overruling his motion for protection from the third-party deposition subpoena of real party in interest, Linde Engineering North America Inc., and granting Linde’s motion to compel relator’s deposition.1 1 The underlying case is Linde Engineering North America Inc. v. Arrow Field Services, LLC and Crestwood Midstream Partners LP, Cause No. 2019-89936, in In connection with his mandamus petition, relator also filed an “Opposed Motion for Temporary Relief,” seeking emergency temporary relief in the form of a “stay [of] all orders and rulings regarding the deposition” of relator pending the Court’s resolution of the petition. On April 7, 2022, the Court granted relator’s motion for temporary relief and stayed enforcement of the trial court’s rulings challenged in the mandamus petition. We deny relator’s petition for writ of mandamus and lift the stay imposed by our April 7, 2022 order. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Landau, Guerra, and Farris. the 133rd District Court of Harris County, Texas, the Honorable Jaclanel McFarland presiding. 2

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