Legal Opinion · Concurring in part, dissenting in part

In Re Houstonian Campus, L.L.C.

Texas Court of Appeals, 14th District (Houston)

Decided June 10, 2010No. 14-09-00631-CVPublished

1Concurring in part, dissenting in partKem Thompson Frost, Justice

Mandamus relief is not an all-or-nothing proposition. Appellate courts can and do grant mandamus as to part of a trial court’s discovery order and deny mandamus as to the part of the order in which the trial court did not abuse its discretion. See In re Carbo Ceramics, Inc., 81 S.W.3d 369, 379-80 (Tex.App.-Houston [14th Dist.] 2002, orig. proceeding) (granting mandamus as to part of trial court’s discovery order compelling production of one document and denying mandamus as to part of same order that compelled production of other documents); In re Brewer Leasing, Inc., 255 S.W.3d 708, 715-16…

2Cases cited17 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re McAllen Medical Center, Inc.Texas Supreme Court · 2008
  3. In Re CSX Corp.Texas Supreme Court · 2003
  4. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994
  5. In Re Colonial Pipeline Co.Texas Supreme Court · 1998

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