Court of Civil Appeals of Texas, 2024

In Re Michael B. Martin and Martin Walton Law Firm v. the State of Texas

In Re Michael B. Martin and Martin Walton Law Firm v. the State of Texas
Court of Civil Appeals of Texas · Decided April 16, 2024

In Re Michael B. Martin and Martin Walton Law Firm v. the State of Texas

Opinion

Opinion issued April 16, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00483-CV ——————————— IN RE MICHAEL B. MARTIN AND MARTIN WALTON LAW FIRM, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators, Michael B. Martin and Martin Walton Law Firm, filed a petition for writ of mandamus challenging the trial court’s June 2, 2023 order granting the request of real party in interest 3M Company to take pre-suit depositions and to obtain documents from Martin and the law firm pursuant to Texas Rule of Civil Procedure 202.1 Relators’ petition sought “a stay and reversal of [the June 2, 2023 order] authorizing 3M Company to conduct Rule 202 Pre-Suit Depositions of Michael B. Martin, individually, and as a corporate representative of Martin Walton Law Firm . . . and to produce records[.]”

Our review of relators’ mandamus petition reflects that relators have failed to establish that they are entitled to mandamus relief. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We lift our stay order of June 30, 2023. All pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Goodman, Landau, and Hightower.

Justice Goodman, concurring in the result.

The underlying case is 3M Company v. Michael B. Martin and Martin Walton Law Firm, cause number 23-CV-0488, pending in the 10th District Court of Galveston County, Texas, the Hon. Kerry L. Neves, presiding.

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