IN RE AUBURN CREEK LTD. PARTNERSHIP

No. 21-0886.

655 S.W.3d 837 (2022)

IN RE AUBURN CREEK LIMITED PARTNERSHIP; The Lynd Company; Lynd Family Limited Partnership; and Forty Four Eleven, LLC, Relators.

Supreme Court of Texas.

OPINION DELIVERED: December 2, 2022.


Attorney(s) appearing for the Case

Ricardo G. Cedillo , San Antonio, Jeffrey Daniel Crawford , Lisa M. Wright , Jessica Zavadil Barger , Houston, Joseph Love , for Relators The Lynd Company, Lynd Family Partnership, Auburn Creek Limited Partnership, Forty Four Eleven, LLC.

Ryan G. Anderson , Daniel J.T. Sciano , Lawrence J. Webb Jr. , San Antonio, for Real Parties in Interest Pau, Hang, Thang, Thual, Cing Cim, Individually and as Next Friend of S. K., J. L., and T. M., Minors, Khaul, Dim.

Edwin Todd Lipscomb , for Other interested party Geofill Material Technologies, LLC.


This mandamus proceeding concerns a motion to compel a medical examination under Texas Rule of Civil Procedure 204.1. Because the motion was filed before the close of discovery and the trial court clearly abused its discretion in concluding that relators did not establish good cause for the examination, we conditionally grant relief.

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