In re Anthony Cannon--Appeal from 225th Judicial District Court of Bexar County

PER CURIAM

Sitting: Paul W. Green, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 4, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

In this original proceeding, relator Anthony Cannon challenges the trial court's order that relator produce documents and information necessary for the real party in interest to determine the value of relator's stock in Frontline Computer Systems, Inc. Relator also challenges the trial court's order assessing sanctions against relator for discovery abuse.

This court has determined that the relator is not entitled to the relief sought. See In re CI Host, Inc., 92 S.W.3d 514, 516 (Tex. 2002) (party objecting to discovery bears burden to produce evidence to support the objection); Braden v. Downey, 811 S.W.2d 922, 928 (Tex. 1991) (relator must show sanctions threaten his willingness or ability to continue the litigation). Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2002-CI-14356, styled In the Matter of the Marriage of Anthony Lee Cannon and Rena Melinda Cannon, pending in the 225th Judicial District Court, Bexar County, the Honorable Michael Peden presiding.