in Re Storm-Williams Energy Service, LLC, WS Energy Services, LLC and Jack S. Storm
13-17-00430-CV
| Tex. App. | Aug 4, 2017Background
- Relators: Storm-Williams Energy Service, L.L.C., WS Energy Services, L.L.C., and Jack S. Storm filed a petition for writ of mandamus.
- They sought to (1) vacate a March 20, 2017 protective order that sustained objections to a subpoena duces tecum served on non‑party Rebecca Dennis, and (2) obtain a continuance of a trial set for October 12, 2017.
- The trial court had appointed a special master to review discovery disputes; the special master had not yet ruled on the contested discovery.
- Relators claimed the barred discovery was essential and that they needed more time (and possibly counsel availability) to prepare for trial.
- The trial court orally indicated willingness to reconsider a continuance but maintained its protective order; relators sought mandamus review from the court of appeals.
- The court of appeals denied mandamus, finding relators had not shown a clear abuse of discretion or lack of an adequate appellate remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by granting protection and sustaining objections to a subpoena to non‑party Rebecca Dennis | The requested discovery is central to relators’ defense and its exclusion severely compromises their case | The protection is proper; discovery is subject to special master review and is not shown to be essential or unobtainable elsewhere | Denied—relators failed to show the discovery goes to the heart of the case or that their ability to present a defense was vitiated |
| Whether the trial court abused its discretion by denying a continuance of the October 12, 2017 trial | A continuance is needed for additional discovery and because of potential counsel unavailability | Continuances for these grounds are discretionary and must meet Rule requirements; absence of counsel is not automatic good cause | Denied—motion for continuance is within the trial court’s sound discretion; court indicated willingness to reconsider, so mandamus not warranted |
Key Cases Cited
- In re H.E.B. Grocery Co., 492 S.W.3d 300 (Tex. 2016) (mandamus is an extraordinary remedy; relator bears burden to show clear abuse and lack of adequate appellate remedy)
- In re Christus Santa Rosa Health Sys., 492 S.W.3d 276 (Tex. 2016) (mandamus standards reaffirmed)
- In re Nationwide Ins. Co. of Am., 494 S.W.3d 708 (Tex. 2016) (abuse of discretion defined)
- Ford Motor Co. v. Garcia, 363 S.W.3d 573 (Tex. 2012) (review of trial court discretion and supporting evidence)
- In re Essex Ins. Co., 450 S.W.3d 524 (Tex. 2014) (weighing benefits and detriments of mandamus review)
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus remedy analysis)
- In re Allied Chem. Corp., 227 S.W.3d 652 (Tex. 2007) (discovery centrality for mandamus relief)
- Able Supply Co. v. Moye, 898 S.W.2d 766 (Tex. 1995) (same—when discovery denial warrants mandamus)
- Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150 (Tex. 2004) (continuance standards and discretion)
- Gen. Motors Corp. v. Gayle, 951 S.W.2d 469 (Tex. 1997) (mandamus relief not warranted where trial court retains discretion and may reconsider)
