in Re Darryl Armstrong and Armstrong Medical Supply, LLC

Opinion issued July 12,

2011

In The

Court of

Appeals

For The

First District

of Texas

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NO. 01-11-00345-CV

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In

re DARRYL ARMSTRONG AND ARMSTRONG MEDICAL SUPPLY, LLC, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Darryl Armstrong and

Armstrong Medical Supply, LLC, have filed a petition for writ of mandamus. See Tex. R. App . P. 52.1. Relators challenge the trial court’s April 29,

2011 order denying relators’ motion to quash and for protective order. [1]

We deny

relators’ petition for writ of mandamus.

Accordingly, the stay of the production of documents pursuant to the

subpoena served on Bank of America Corporation is lifted. See Tex. R. App. P. 52.10(b) (providing

that “[u]nless vacated or modified, an order granting temporary relief is

effective until the case is finally decided”).

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

[1] This

proceeding arises out of Jordan Reses

Supply Company, Respironics, Inc. and Resmed Corp. v. Vaughn Medical Equipment

Repair Service, LLC, Marcus Thierry, Nicole Baxter-Thierry, and Joseph &

Company , No. 10-DCV-178015, in the 268th District Court, Fort Bend County,

Texas, the Hon. Brady Elliott presiding.

However, the respondent here is the Honorable Reagan Clark, visiting

judge, who signed the complained-of order.