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In re Texas Tri-Care Rehabilitation

The relief sought by the defendants in this petition is nearly identical to the relief they recently sought in a prior petition for writ of mandamus. The defendants state that they filed the new petition because their first petition presumably was denied because of an incomplete record. The appellate court did have the complete record when it considered the earlier petition. However, because it did not state its reasons for denying the petition, it does not consider the filing of the new petition to be frivolous. Houston's 1st Court of Appeals, No. 01-10-00003-CV, 01-22-2010

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Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION *fn1

By petition for writ of mandamus, relators, Texas Tri-Care Rehabilitation and Lawrence Roddick, D.C. (collectively, “the Tri-Care defendants”), seek relief compelling the trial court to sustain objections they have asserted to requests for production and to vacate the order compelling them to respond to certain requests for production. The relief sought by the Tri-Care defendants in this petition is nearly identical to the relief they recently sought in a prior petition for writ of mandamus, cause number 01-09-00850-CV. The Tri-Care defendants state that they filed the new petition because their first petition, cause number 01-09-00850-CV, presumably was denied because of an incomplete record. We did have the complete record when we considered the earlier petition. However, because we did not state our reasons for denying the petition in cause number 01-09-00850-CV, we do not consider the filing of the new petition in cause number 01-10-00003-CV to be frivolous.

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