(DOWNLOAD) "Lumbermens Mutual Casualty Co. v. Honorable Robert Garza" by Thirteenth District, Corpus Christi No. 13-89-357-CV Court of Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Lumbermens Mutual Casualty Co. v. Honorable Robert Garza
- Author : Thirteenth District, Corpus Christi No. 13-89-357-CV Court of Appeals of Texas
- Release Date : January 18, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Lumbermens Mutual Casualty Company filed this original proceeding complaining of the trial court's order granting a motion
to compel production of documents which was based upon discovery requests which were filed and served on Lumbermens during
a time in which the case was abated. We agree that the trial court abused its discretion and conditionally grant the writ. Prajedes and Linda Garcia filed suit as a result of a work related injury sustained by Mr. Garcia. Lumbermens was the worker's
compensation carrier. Mr. Garcia received an award by the Board which Lumbermens unsuccessfully appealed to both the district
court and this Court. The Garcias then filed a case against Lumbermens for bad faith. During the pendency of the appeal of
the compensation case, the trial court abated the bad faith case. The order of abatement was signed April 6, 1989. On April
28, 1989, the Garcias filed a request for interrogatories and production of documents. Undisputedly, this action occurred
while the case was abated. Lumbermens filed a motion for protective order on May 25, 1989, claiming that discovery was improper
while the Order of Abatement was in effect. The trial court reinstated the case on June 23, 1989. The Garcias filed a motion
to compel production on July 17, 1989. On July 28, 1989, Lumbermens filed a second motion for protective order. The trial
court held two hearings and determined that the Garcias' motion for production should be granted.
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