Harrison v. Harrison

I concur with Judge Monroe’s affir-mance of the trial court’s judgment on all issues except one — the wife’s motion to compel Leathers to comply with her discovery request. First of all, Judge Monroe implies that the discovery issue is not properly before us because the wife did not file a pretrial petition for a writ of mandamus compelling discovery.

“Just because [a party] could have resorted to mandamus as a means of achieving pre-trial review of the trial court’s discovery order does not mean that [she] had to resort to mandamus or be precluded from raising the issue on appeal. See, e.g.,…