Opinion issued January 22, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00003-CV

IN RE TEXAS TRI-CARE REHABILITATION AND LAWRENCE RODDICK, D.C., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION ⁽¹⁾

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.

We deny the petition for writ of mandamus. All pending motions are overruled as moot.

Per Curiam

Panel consists of Justices Keyes, Alcala, and Hanks.

1. The underlying case is Arthur Minguez, Jr., and St. John Partnership, Ltd. D/B/A Pecan Valley Ambulatory Surgery Center v. Ihsan Shanti, Texas Tri-Care Rehabilitation, and Lawrence Roddick, D.C., No. 2009-20966, in the 11th Judicial District Court of Harris County, Texas, the Hon. Mike Miller, presiding.