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IN RE BP PRODUCTS NORTH AMERICA, INC.

No. 07-0119.

244 S.W.3d 840 (2008)

In re BP PRODUCTS NORTH AMERICA, INC., Relator.

Supreme Court of Texas.

Decided January 25, 2008.

Attorney(s) appearing for the Case

Katherine D. Mackillop, Otway B. Denny Jr., Stephen Fernelius, Julie Hardin, Fulbright & Jaworski L.L.P., David M. Gunn, Beck, Redden & Secrest, L.L.P., Kenneth Tekell, Tekell, Book, Matthews & Limmer, L.L.P., Houston, James B. Galbraith, McLeod, Alexander, Powel & Apffel, P.C., Galveston, TX, for Relator.

Brent Wayne Coon, Arturo J. Gonzalez, Brent Coon & Associates, David W. Holman, The Holman Law Firm, P.C., Robert E. Ammons, The Ammons Law Firm, Houston, James D. Nebout, Burwell Burwell & Nebout, LLP, Texas City, TX, for Real Party In Interest.

Lynne Liberato, Haynes and Boone, LLP, Houston, TX, for Amicus Curiae Texas Chemical Council, et al.

Justice GAULTNEY delivered the opinion of the Court.1

This mandamus proceeding concerns the enforcement of a discovery agreement governing what is commonly referred to as an "apex" deposition. The discovery agreement was signed by the attorneys for the parties, and filed as provided by Rule 191.1 and Rule 11. We conclude the trial court abused its discretion in failing to enforce the agreement.

THE TRIAL COURT PROCEEDINGS

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