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in Re Bobcat of Houston, a Division of Berry Companies, Inc.

Citation: Not availableDocket: 14-22-00728-CV

Court: Court of Appeals of Texas; October 13, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, Bobcat of Houston, a division of Berry Companies, Inc., petitioned the Fourteenth Court of Appeals for a writ of mandamus against Judge Cory Don Sepolio of the 269th District Court of Harris County. The relator sought to vacate specific trial court orders, including one that supported the real parties in interest's claim for exemplary damages and compelled the production of net worth evidence. Additionally, Bobcat of Houston moved for temporary relief to stay the enforcement of the net worth evidence order, pending the court's decision on the writ. The appellate court found sufficient grounds to grant temporary relief, staying the trial court's order to prevent potential prejudice against the relator. The panel, comprising Chief Justice Christopher and Justices Zimmerer and Wilson, directed the real parties in interest to respond to the petition by October 24, 2022, indicating a need for further examination before reaching a final decision on the writ of mandamus.

Legal Issues Addressed

Discovery of Net Worth

Application: The relator opposed the trial court order compelling the production of net worth evidence and sought temporary relief pending the petition's consideration.

Reasoning: The relator also filed a motion for temporary relief, requesting a stay on the September 23, 2022 order requiring the production of net worth evidence by October 14, 2022, pending the court's consideration of the petition's merits.

Exemplary Damages

Application: The relator challenged the trial court's order finding a 'substantial likelihood of success' on the claim for exemplary damages.

Reasoning: The relator requested to vacate a February 18, 2022 order that found a 'substantial likelihood of success' on the real parties in interest's claim for exemplary damages.

Temporary Relief in Mandamus Proceedings

Application: The Court granted temporary relief to prevent potential prejudice by staying the trial court's order until a final decision on the mandamus petition.

Reasoning: Consequently, the Court granted the motion for temporary relief, staying the trial court's order until a final decision is made on the petition for writ of mandamus or until further notice.

Writ of Mandamus

Application: The relator sought a writ of mandamus to compel the trial court to vacate specific orders and deny discovery requests related to net worth.

Reasoning: Bobcat of Houston, a division of Berry Companies, Inc., filed a petition for a writ of mandamus in the Fourteenth Court of Appeals, seeking to compel Judge Cory Don Sepolio of the 269th District Court of Harris County to take specific actions regarding several trial court orders.