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IN RE SUMMERSETT

No. 13-12-00431-CV.

438 S.W.3d 74 (2013)

In re James SUMMERSETT III.

Court of Appeals of Texas, Corpus Christi-Edinburg.

July 18, 2013.

Attorney(s) appearing for the Case

Patton G. Lochridge , McGinnis, Lochridge & Kilgore, Austin, Jordan K. Mullins , Austin, for Relator.

Rodolfo Delgado , Judge, 93rd Dist. Court, Edinburg, Respondent.

Javier Pena , The Pena Law Firm, Edinburg, David H. Jones , Law Office of David H. Jones, McAllen, Rebecca Vela , Yzaguirre & Vela, PLLC, McAllen, Ricardo Pumarejo Jr. , Kittleman, Thomas & Gonzales, McAllen, for Real Party in Interest.

Before Chief Justice VALDEZ and Justices GARZA and LONGORIA.

OPINION

Opinion by Chief Justice VALDEZ.

By petition for writ of mandamus, relator, James Summersett III, seeks to compel the trial court to vacate its order mandating the production of documents. By two issues, Summersett contends that the trial court abused its discretion in compelling discovery because: (1) the documents at issue are not within his "possession, custody, or control" under Texas Rule of Civil Procedure 192.7(b); and (2) discovery was suspended...

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