in Re: Network Telephone Services, Inc. ( 2002 )

Opinion issued October 8, 2002

In The  

Court of Appeals

For The

First District of Texas

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NO. 01-02-01023-CV

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IN RE NETWORK TELEPHONE SERVICES, INC., Relator

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Original Proceeding on Petition for Writ of Mandamus

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O P I N I O N

On September 30, 2002, relator, Network Telephone Services, Inc. ("NTS"), filed a petition for writ of mandamus and motion for emergency relief complaining of the trial court's ⁽¹⁾ September 20, 2002, written order compelling the depositions of two witnesses, who relator claims are non-parties who reside out of state, to take place on September 21, 2002 in Dallas County, Texas. On October 2, 2002, the trial court orally ordered the depositions to take place on October 4, 2002. On October 3, 2002, relator filed a supplemental motion for emergency relief, and this Court temporarily stayed the trial and the trial court's orders of September 20, 2002 and October 2, 2002 in trial court cause no. 2001-30877, and requested a response. On October 7, 2002, the clerk received relator's supplemental petition for writ of mandamus complaining of the trial court's order of October 2, 2002, and received a response from the real party in interest, Shared Global Systems, Inc., reciting additional facts and claiming that the deponents are NTS's corporate representative and expert witness.

We deny the petition and the supplemental petition for writ of mandamus. The stay issued by this Court on October 3, 2002 of the trial and the trial court's orders of September 20, 2002 and October 2, 2002 is lifted.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Duggan. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1. Respondent is the Honorable Mark Davidson, judge of the 11th District Court of Harris County. The underlying proceeding is trial court cause no. 2001-30877; styled

Shared Global Systems, Inc. v. Network Telephone Services, Inc.

2.

The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.