IN THE

TENTH COURT OF APPEALS

No. 10-01-144-CV

IN RE LEE ROGER SIMPSON, JR.

Original Proceeding

O P I N I O N

      Lee Roger Simpson seeks to compel the district judge of the 82^nd judicial district, Falls County, to rule on his motion to compel responses to interrogatories. A motion for summary judgment hearing is scheduled for May 23, 2001. Simpson contends that he needs the responses to the discovery so that he can prepare for the hearing. Simpson has other remedies at law, including a request for continuance until such answers are provided. Additionally, if summary judgment is rendered against Simpson, and he has established that his inability to obtain the necessary discovery to defend against the merits of the summary judgment motion was through no fault of his and that he exercised reasonable diligence to obtain the discovery, he may obtain a review of the summary judgment in a direct appeal, including a review of the trial court’s refusal to order the discovery. Simpson has an adequate remedy at law. His petition for mandamus is Denied.

                                                                         TOM GRAY

                                                                         Justice

Before Chief Justice Davis,

      Chief Justice McDonald (Retired), and

      Justice Gray

Writ denied

Opinion delivered and filed May 9, 2001

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