in Re Darryl Armstrong and Armstrong Medical Supply, LLC
in Re Darryl Armstrong and Armstrong Medical Supply, LLC
Opinion
Opinion issued April 18, 2011
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-00208-CV
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In re DARRYL ARMSTRONG AND ARMSTRONG MEDICAL SUPPLY, LLC, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Darryl Armstrong and Armstrong Medical Supply, LLC, have filed a petition for writ of mandamus. See Tex. R. App. P. 52.1. Relators challenge the trial court’s March 4, 2011 order in which the trial court orders Darryl Armstrong to sit for deposition (1) pursuant to Rule of Civil Procedure 202 and (2) pursuant to its inherent power to “enforce its final judgment and accompanying injunctions entered in this action.”[1]
We deny relators’ petition for writ of mandamus. Accordingly, the stay of the taking of the deposition previously imposed in this proceeding is lifted. See Tex. R. App. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”).
PER CURIAM
Panel consists of Justices Jennings, Higley, and Brown.
[1] The respondent is The Honorable Brady Elliott, Presiding Judge of the 268th District Court of Fort Bend County. The underlying suit is Jordan Reses Supply Company, Respironics, Inc. and Resmed Corp. v. Vaughn Medical Equipment Repair Service, LLC, Marcus Thierry, Nicole Baxter-Thierry, and Joseph & Company, No. 10-DCV-178015 (268th Dist. Court, Fort Bend County, Tex.).
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