In Re State of Texas Appeal from County Court at Law No 2 of Montgomery County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00390-CV _________________ IN RE STATE OF TEXAS ________________________________________________________________________ Original Proceeding County Court at Law No. 2 of Montgomery County, Texas Trial Cause No. 14-05-05339-CV ________________________________________________________________________ MEMORANDUM OPINION The State of Texas, the relator, filed a petition for writ of mandamus and a motion for temporary relief. See Tex. R. App. P. 52.8, 52.10. The State contends the trial court compelled discovery protected by the consulting expert privilege. See Tex. R. Civ. P. 192.3(e). On September 24, 2015, we granted the motion for temporary relief, stayed any discovery, depositions, or production of documents compelled by the trial court’s order of September 11, 2015, and requested a response from Harper & Manning Investment Properties, LLC, the real party in interest. 1 After reviewing the mandamus petition, response, and record, we conclude that the State has not shown that the trial court abused its discretion. Accordingly, we dissolve our stay and deny the petition for writ of mandamus. PETITION DENIED. PER CURIAM Submitted on October 5, 2015 Opinion Delivered October 8, 2015 Before Kreger, Horton, and Johnson, JJ. 2

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