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WESTHEIMER v. TENNANT

No. C14-91-01056-CV.

831 S.W.2d 880 (1992)

Alan D. WESTHEIMER, Pannel Kerr Forster and Westheimer & Company, P.C., Relators, v. The Honorable Geraldine B. TENNANT, Respondent.

Court of Appeals of Texas, Houston (14th Dist.).

May 21, 1992.

Attorney(s) appearing for the Case

Kathleen Walsh Beirne, John H. Glover, Houston, for relators.

Sherry B. Angelo, Houston, for respondent.

Before JUNELL, ROBERTSON and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

Relators are accountants who have been sued for professional malpractice based on their advice concerning a failed tax shelter. To further their discovery, they petition us for a writ of mandamus compelling the trial judge to allow them to depose an attorney-witness. The prospective witness, a tax specialist, had previously counseled with the plaintiff/real party-in-interest about the same tax shelter. Relators assert that the attorney...

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