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CASTELLANOS v. LITTLEJOHN

No. 04-97-00072-CV.

945 S.W.2d 236 (1997)

Juan CASTELLANOS and Rosa Castellanos, Individually and as Next Friends of Bruno Castellanos, Juan J. Castellanos, Jr., and Anuar Castellanos, Minors, Relators v. The Honorable Janet P. LITTLEJOHN and The Honorable Martha B. Tanner, Respondents.

Court of Appeals of Texas, San Antonio.

April 16, 1997.

Attorney(s) appearing for the Case

David McQuade Leibowitz, David McQuade Leibowitz, P.C., San Antonio, for relators.

Joe Frazier Brown, Jr., Edward C. Mainz, Jr., Thornton, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, for respondents.

Before HARDBERGER, C.J., and GREEN and DUNCAN, JJ.

DUNCAN, Justice.

The Castellanos inadvertently designated Dr. Perez, a consulting expert, as a testifying expert witness as a result of a clerical error. Later, after the Castellanos attempted to "de-designate" Dr. Perez as a testifying expert and instead name him as a consulting expert, the trial court granted Kroger's motion to compel discovery from Dr. Perez. The Castellanos now seek a writ of mandamus to require that this order compelling discovery be withdrawn...

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