TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00490-CV

In re Roy Vicencio

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

On August 4, 2008, relator Roy Vicencio filed a motion for emergency relief and petition for writ of mandamus complaining of the trial court’s July 31 order requiring him to produce certain discovery responses by 10:00 a.m. on August 4, 2008. See Tex. R. App. P. 52.8, 52.10. We granted Vicencio’s motion for emergency relief and stayed the discovery order pending our determination of the merits of Vicencio’s petition. On August 5, the real party in interest filed a response to the petition and a motion for reconsideration of our emergency stay. Having reviewed the documents filed by the parties, we dissolve our emergency stay and deny Vicencio’s petition for writ of mandamus.

__________________________________________ David Puryear, Justice Before Justices Puryear, Pemberton and Waldrop Filed: August 6, 2008