Legal Opinion

In re Summersett

Court of Appeals of Texas

Decided July 18, 2013No. 13-12-00431-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice VALDEZ.

By petition for writ of mandamus, relator, James Summérsett III, seeks to compel the trial court to vacate its order mandating the production of documents. By two issues, Summersett contends that the trial court abused its discretion in compelling discovery because: (1) the documents at issue are not within his “possession, custody, or control” under Texas Rule of Civil Procedure 192.7(b); and (2) discovery was suspended pending final resolution of Summersett’s motion to dismiss under the Texas Citizens Participation Act (“TCPA”). See Tex.R. Civ. P.…

2Cases cited22 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. In Re CSX Corp.Texas Supreme Court · 2003
  5. GTE Communications Systems Corp. v. TannerTexas Supreme Court · 1993

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3Cited by8 opinions

  1. James Summersett Iii v. Remi Jaiyeola, M.D., Texas Court of Appeals, 13th District2013
  2. In Re Juan Cruz Valladares v. the State of Texas, Texas Court of Appeals, 13th District2024
  3. in Re Federal Corporation, Texas Court of Appeals, 13th District2016
  4. in Re Federal Corporation, Texas Court of Appeals, 13th District2016
  5. in Re J. Michael Moore, Texas Court of Appeals, 13th District2021

3 more not listed; retrieve them via the Exa API.

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