In Re Wyeth--Appeal from 9th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-231 CV
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IN RE WYETH
Original Proceeding
MEMORANDUM OPINION (1)

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator seeks a writ of mandamus to compel the trial judge to vacate his orders dated May 2, 2003, and enter an order granting the relator's motion for protection and to quash the deposition of Mr. John Stafford, or to place additional restrictions on the scope of that deposition. After reviewing the petition and record, we conclude that the trial court followed the appropriate guiding rules and principles. See Crown Central Petroleum Corp. v. Garcia, 904 S.W.2d 125, 128 (Tex. 1995); In re Alcatel USA, Inc., 11 S.W.3d 173 (Tex. 2000). Therefore, the relator has not shown a clear abuse of discretion or violation of a duty imposed by law.

The petition for writ of mandamus, filed May 20, 2003, is DENIED.

PER CURIAM

 

Opinion Delivered June 5, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.