Chamberlain v. Cherry

POFF, Justice.

In this original mandamus proceeding, Joe and Marilyn Kay Chamberlain, rela-tors, ask this court to direct Judge J. Blair Cherry, Jr. of the 72nd District Court in Lubbock County to vacate a protective order disallowing the discovery sought in their interrogatories, requests for production and requests for admissions. We conditionally grant the writ of mandamus.

This proceeding arises out of a lawsuit brought by E.Z. “Ted” Hogan, a landlord, against relators, his former tenants, for rents and cost of repairs under a lease. 1 Relators answered by raising the affirmative defenses…