Opinion issued May 23, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00336-CV

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IN RE TOM DICKSON, MARY JANE DICKSON, AND BUSHWACKER, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relators, Tom Dickson, Mary Jane Dickson, and Bushwacker, Inc., filed a petition for writ of mandamus complaining that Judge Wainwright ⁽¹⁾ abused his discretion when he signed an order on March 15, 2002, directing Bushwacker, Inc. to produce (1) all financial statements of any type submitted by the Dicksons to the IRS or anyone else, (2) the Dicksons' tax returns for 1998 through the present, and (3) documents regarding profitability of Bushwacker, the value of Bushwacker and the alleged lost business value of Bushwacker, including but not limited to all documents showing valuations of Bushwacker by its owners and all documents regarding profitability of Bushwacker and the income received by its owners.

The Court has reviewed the petition for writ of mandamus, the response thereto, and the reply thereto. ⁽²⁾ The petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Mirabal, Hedges, and Jennings.

Do not publish. Tex. R. App. P. 47.

1. The Honorable Dale Wainwright, judge of the 334th District Court of Harris County, Texas. The underlying suit is Bushwacker, Inc. v. Trammel Crow Company, Trammel Crow Houston, Ltd., and Woodlake RPFII Limited Partnership, trial court cause no, 1999-29538.

2. The Clerk of this Court is directed to file the reply even though it was received after the deadline set by this Court's order of April 18, 2002.