Terminology: Motion to compel production | interrogatories | response to requests for production | discovery mandamus | privilege claim | deemed admissions | discovery orders | scheduling order | discovery control plan | timely response | discovery objections | failure to comply with discovery deadline | failure to produce documents | nondisclosure | objections | assertion of privilege | attorney-client privilege | work product privilege | confidentiality | disclosure of experts | designation | proper scope of discovery | fishing expedition | sanctions for discovery abuse | In Re Jacobs, MD (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(Brown)(discovery mandamus) (proper scope of net worth discovery when exemplary damages are sought for gross negligence) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brown Before Justices Brown, Boyce and Sullivan 14-09-00123-CV In Re Mark A. Jacobs, M.D., and Debra C. Gunn, M.D., and Obstetrical and Gynecologist Associates, P.A. Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Concurring and Dissenting Opinion by Justice Sullivan in In Re Jacobs, M.D. In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges) (discovery mandamus denied, privilege, anti-trust litigation) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00204-CV In Re Memorial Hermann Healthcare System and Memorial Hermann Hospital System--Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on en banc motion by Frost) (discovery disputes, privilege) DISSENTING: Dissenting Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Guzman, Brown and Boyce 14-07-00590-CV In Re: Michael Hicks and Jerry Fazio Appeal from 155th District Court of Austin County Trial Court Judge: Judge Daniel R. Beck In re Browning-Ferris Industries, Inc. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (discovery mandamus denied, motion to compel) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00899-CV In Re: Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi James Benton In re Sedeno-Suarez (Tex.App.- Houston [14th Dist.] Aug.. 28, 2008)(per curiam) (parallel civil and criminal proceedings, discovery limitations, order of protection, invocation of fifth amendment privilege) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00740-CV In Re: Heriberto Sedeno-Suarez, M.d., and Heriberto Sedeno-Suarez, P.A Appeal from 280th District Court of Harris County In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown) (discovery mandamus denied, order of protection, privilege claim waived) MOTION OR WRIT DENIED: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-08-00457-CV In Re: Heide Ortuno, Individually and as next friend of J.O. a minor child Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton McInnis v. Mallia (Tex.App.- Houston [14th Dist.] June 17, 2008)(Corrected majority opinion by Frost) (malpractice suit, no-evidence motion for summary judgment, no adequate opportunity to conduct discovery) We conclude the trial court abused its discretion in implicitly finding that this case fell outside the ordinary rule, as set forth in the comment to rule 166a(i), and in allowing a no-evidence motion more than five months before the expiration of the discovery period set forth in the docket control order. See Brewer & Pritchard, P.C., 167 S.W.3d at 468. Ordinarily, a no-evidence motion is permitted after but not before the discovery period set by the pre-trial order. See Specialty Retailers, Inc., 29 S.W.3d at 145. The trial court permitted a no-evidence motion less than halfway through this period with no showing in the record to justify deviation from the general rule. Under the particular circumstances of this complex case, McInnis was not provided an adequate opportunity to conduct discovery. REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Dissenting Opinion by Justice Seymore (adequate time for discovery) In re Jeanie Nolle (Tex.App.- Houston [1st Dist.] Jun 12, 2008)(Keyes) (discovery mandamus granted in part) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-01065-CV In re Jeanie Nolle and Technical Solutions, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock In Re Heidi Ortuno (Tex.App.- Houston [14th Dist.] May 6, 2008)(per curiam) (discovery, nonparty, expert report, privilege, TRCP 193.3, snap-back) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-08-00227-CV In Re Heidi Ortuno, Individually and As Next Friend Of J. O. Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Rowlands v. Unifund CCR Assignee of Citibank (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Justice Frost)(consumer debt case, deemed admissions) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01122-CV Keith Rowlands v. Unifund CCR as Assignee of Citibank Appeal from Count Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) In re BP Amoco Chemical Co (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(per curiam) (discovery mandamus) MOTION OR WRIT GRANTED: Per Curiam Before Justices Anderson, Hudson and Guzman 14-06-00778-CV In Re: BP Amoco Chemical Company and BP Products North America, Inc. Appeal from 212th District Court of Galveston County (Judge Susan Criss) Smith v. County of Galveston (Tex.App.- Houston [1st. Dist.] Jan. 31, 2008)(Jennings) (discovery dispute, motion to compel, attorney malpractice) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00634-CV Glenn F. Smith v. County of Galveston, Texas Appeal from 122nd District Court of Galveston County (Hon. John Ellisor) We review a trial court's discovery orders for an abuse of discretion. TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 917 (Tex. 1991). Here, for various reasons, we cannot determine whether the trial court abused its discretion. First, we note that the motion to compel was never ruled upon by the trial court. See Tex. R. App. P. 33.1. Second, to the extent Smith is arguing that the trial court abused its discretion in not ruling upon the motion to compel, Smith, in his appellate briefing, only references the motion to compel in general terms. Smith asserts that the trial court abused its discretion in denying the motion in its entirety; he neither identifies any specific requests, nor does he specifically address the objections asserted in the discovery responses by Galveston or ABL. "A claim of error on appeal must be argued in the party's brief; it is insufficient simply to refer the appellate court to the party's trial court arguments." Allen v. United of Omaha Life Ins. Co., 236 S.W.3d 315, 325 (Tex. App.--Fort Worth 2007, pet. filed). Because Smith, in his brief on appeal, does not address his specific requests or the specific objections posed by Galveston or ABL, we cannot determine whether the trial court abused its discretion in failing to compel, in only general terms, responses to Smith's discovery requests. See id. In Re Crown Castle Int. Group (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges) (discovery mandamus granted, protective order, biz organization law, shareholder suit) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Boyce 14-07-00460-CV In Re: Crown Castle International Corp Appeal from 234th District Court of Harris County (Honorable Reece Rondon) No blanket assertion of the fifth amendment privilege to thwart discovery in civil case when criminal cases in pending contemporaneously In Re Alvarez (Tex.App.- Houston [1st Dist.] Oct. 29, 2007)(per curiam)(discovery, assertion of fifth amendment privilege against self-incrimination in civil proceeding, mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00569-CV In re Luis Alonzo Alvarez Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore)(substitute opinion)(discovery dispute in suit involving elections and local politics) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Hon. Reese Rondon) In Re Intracare Hospital (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(per curiam) (HCLC, discovery mandamus, assertion of privilege, privilege log) MOTION OR WRIT GRANTED: Per Curiam Before Justices Brock Yates, Anderson and Hudson 14-07-00127-CV In Re: Intercare Hospital D/B/A Intracare Medical Center Hospital Appeal from 333rd District Court of Harris County (Hon. Joseph J. Halbach) In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(Hedges)(discovery mandamus) GRANTED IN PART AND DENIED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00930-CV In Re: General Agents Insurance Company of America, Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) In Re Broin and Associates, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(per curiam dismissal)(discovery mandamus) DISMISSED: Per Curiam (settled) Before Justices Fowler, Edelman and Frost 14-06-01052-CV In Re: Broin and Associates, Inc Appeal from 165th District Court of Harris County (Honorable Elizabeth Ray) In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(Hedges)(discovery mandamus) GRANTED IN PART AND DENIED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00930-CV In Re: General Agents Insurance Company of America, Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(Hedges)(discovery mandamus) In re Westwood Affiliates, LLC (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Hanks) (discovery mandamus, motion to compel, police records, privilege) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks (Before Justices Taft, Keyes and Hanks) 01-06-00471-CV In re Westwood Affiliates, L.L.C. Appeal from 127th District Court of Harris County In re Mid-Century Ins. Co. (Tex.App.- Houston [14th Dist.] Feb. 6, 2007)(per curiam)(discovery order) MOTION OR WRIT DENIED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Edelman) 14-06-01115-CV In Re: Mid-Century Ins Appeal from Co Civil Court at Law No 4 of Harris County (Judge Roberta Anne Lloyd) Court grants mandamus to prevent release of document for which hospital asserted medical peer review privilege In Re Intercare Hospital (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(per curiam) (discovery mandamus, assertion of privilege, privilege log, in camera inspection) MOTION OR WRIT GRANTED: Per Curiam Before Justices Brock Yates, Anderson and Hudson 14-07-00127-CV In Re: Intercare Hospital D/B/A Intracare Medical Center Hospital Appeal from 333rd District Court of Harris County (Honorable Joseph Halbach) |
Discovery Case Law - Houston Appellate Court Houston Opinions |
TEXAS SUPREME COURT CASES Supreme Court grants mandamus in apex deposition dispute In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment)(Discovery dispute, apex deposition, Rule 11 agreement, motion to quash deposition, protective order, discovery mandamus granted) In Re Sci Texas Funeral Services, Inc. No. 06-0385 (Tex. Oct. 12, 2007)(per curiam) (class action decertification, discovery sanctions) In Re Allstate County Mutual Ins. Co., No. 06-0878 (Tex. Jun. 15, 2007)(per curiam)(discovery limitations)(mandamus granted) In Re Christus Spohn Hospital, No. 04-0914 (Tex. Apr. 27, 2007)(O'Neill)(mandamus)(evidence, production, privilege, snap-back provision) In re Ford Motor Co., No. 05-0696 (Tex. Dec. 22, 2006)(mandamus)(per curiam)(discovery, protective order) |