in Re Jermaine Hopkins ( 2017 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
ON MOTION FOR REHEARING
NO. 03-17-00429-CV
In re Jermaine Hopkins
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
We withdraw our opinion of September 20, 2017, and substitute this opinion in its
place. We deny the motion for rehearing.
Relator Jermaine Hopkins contends the trial judge erred in denying Hopkins’s motion
to compel discovery. Based on the record, the supplemented record, and the issues presented, we
conclude Hopkins has not established that he is entitled to mandamus relief. See Tex. R. App. P.
33.1; Walker v. Packer, 827 S.W.2d 833, 842 (Tex. 1992) (orig. proceeding) (“[M]andamus [will]
issue only where there is no adequate remedy by appeal.”); West v. Solito, 563 S.W.2d 240, 244-45
(Tex. 1978) (orig. proceeding); In re Credit Suisse First Boston Mortg. Capital, L.L.C.,
257 S.W.3d 486, 493 (Tex. App.—Houston [14th Dist.] 2008, orig. proceeding) (applying Texas
Rule of Appellate Procedure 33.1 to mandamus proceeding). Accordingly, we deny Hopkins’s
petition for writ of mandamus. See Tex. R. App. P. 52.8.
__________________________________________
Cindy Olson Bourland, Justice
Before Justices Puryear, Field, and Bourland
Filed: December 12, 2017
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