Narrative Opinion Summary
Darryl Armstrong and Armstrong Medical Supply, LLC, petitioned the Court of Appeals for a writ of mandamus to challenge a trial court order from March 4, 2011, requiring Darryl Armstrong to sit for a deposition. The trial court's directive was issued under Texas Rule of Civil Procedure 202 and its inherent authority to enforce its final judgments and related injunctions. The Court of Appeals denied the petition for writ of mandamus, resulting in the lifting of a prior stay on the deposition. The ruling specifies that unless otherwise modified or vacated, temporary relief orders remain effective until the case's resolution. The presiding judge in the underlying case is the Honorable Brady Elliott of the 268th District Court of Fort Bend County, Texas, in the matter of Jordan Reses Supply Company, Respironics, Inc. and Resmed Corp. v. Vaughn Medical Equipment Repair Service, LLC, et al.
Legal Issues Addressed
Continuation of Temporary Relief Orderssubscribe to see similar legal issues
Application: The ruling clarifies that temporary relief orders remain effective until the case's resolution unless modified or vacated.
Reasoning: The ruling specifies that unless otherwise modified or vacated, temporary relief orders remain effective until the case's resolution.
Texas Rule of Civil Procedure 202subscribe to see similar legal issues
Application: The trial court issued an order requiring Darryl Armstrong to sit for a deposition under Texas Rule of Civil Procedure 202.
Reasoning: The trial court's directive was issued under Texas Rule of Civil Procedure 202 and its inherent authority to enforce its final judgments and related injunctions.
Trial Court's Inherent Authoritysubscribe to see similar legal issues
Application: The trial court utilized its inherent authority to enforce its judgments and related injunctions in requiring a deposition.
Reasoning: The trial court's directive was issued under Texas Rule of Civil Procedure 202 and its inherent authority to enforce its final judgments and related injunctions.
Writ of Mandamussubscribe to see similar legal issues
Application: The petition for a writ of mandamus was denied by the Court of Appeals, lifting a prior stay on the deposition of Darryl Armstrong.
Reasoning: The Court of Appeals denied the petition for writ of mandamus, resulting in the lifting of a prior stay on the deposition.