Public-domain · open source
OpenJurist

895 S.W.2d 490

Johnson v. Sandel

Court of Appeals of Texas

Decided March 21, 1995

Court of Appeals of Texas · decided 1995-03-21

Cited by 2 later decisions — most recently July 1996

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-21

View the full empirical analysis of this case →

¶1OPINION

WILSON, Justice.

¶2Relator, Daniel Johnson, filed a motion for leave to file a petition for writ of mandamus, requesting this Court to order Judge Sandel to vacate his January 12, 1995 order.

¶3Johnson filed suit against Wayne Scott and M.B. Thaler, the real parties in interest, and served discovery requests on them. The discovery requests are not part of the record before us. The defendants filed a motion for a protective order, asking the trial court to stay discovery until the issue of their official immunity is resolved. Judge Sandel granted the motion for protection in his January 12, 1995 order. The order protects the defendants from answering Johnson’s “discovery requests pending resolution of the threshold issue of the defendants’ qualified immunity.”

¶4Because the discovery requests are not in the record, we cannot determine whether the discovery requests relate to the issue of official immunity or to any other issue in the case and therefore, cannot determine whether Judge Sandel abused his discretion by granting the protective order.

¶5Therefore, the motion for leave to file a petition for writ of mandamus is DENIED.

¶6It is so ORDERED.

¶7O’CONNOR, J., concurring.

/895/sw2d/490 · .json · Public domain