Court of Appeals of Texas, 2016

in Re Valero Refining-Texas, LP and Valero Refining Co. Texas

in Re Valero Refining-Texas, LP and Valero Refining Co. Texas
Court of Appeals of Texas · Decided October 25, 2016
in Re Valero Refining-Texas, LP and Valero Refining Co. Texas

Opinion

Petition for Writ of Mandamus Denied and Opinion filed October 25, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00601-CV

IN RE VALERO REFINING-TEXAS, LP AND VALERO REFINING CO.

TEXAS, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

189th District Court

Harris County, Texas

Trial Court Cause No. 2013-49459

MEMORANDUM OPINION

On July 29, 2016, relators Valero Refining-Texas, LP and Valero Refining Co. Texas filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable William R. Burke, Jr., presiding judge of the 189th District Court of Harris County, to (1) vacate his July 1, 2016 order denying relators’ motion to compel discovery, and (2) allow relators discovery of the portions of the 2013 and 2014 appraisal reports of four refineries that have not been produced.

To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Relators have not established that they are entitled to mandamus relief.

Accordingly, we deny relators’ petition for writ of mandamus.

PER CURIAM Panel consists of Justices Busby, Donovan, and Wise.

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