in Re: Tandem Energy Corporation, Tortuga Operating Company, and Sierra Mineral Development, L.C. ( 2003 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 29, 2003

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 29, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00755-CV

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IN RE TANDEM ENERGY CORPORATION, TORTUGA OPERATING COMPANY, AND SIERRA MINERAL DEVELOPMENT, L.C., Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 2, 2003, relators, Tandem Energy Corporation, Tortuga Operating Company,  and Sierra Mineral Development, L.P., filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221;  see also Tex. R. App. P. 52.  In their petition, relators seek to compel the Hon. Sharolyn Wood, presiding judge of the 127th District Court in Harris County, Texas, to vacate her June 25, 2003 AOrder on First Amended Verified Petition of the State & County to Take Videotaped Depositions with Request for Production before Suit.@

 Mandamus will lie only to correct a clear abuse of discretion.  Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding).  A clear abuse of discretion warranting correction by mandamus occurs when a court issues a decision which is made without reference to guiding principles of law or, stated differently, is arbitrary and unreasonable.  See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding).  With respect to resolution of factual issues or matters committed to the trial court=s discretion, the reviewing court may not substitute its judgment for that of the trial court.  Walker, 827 S.W.2d at 839‑40. The relators must, therefore, establish that the trial court could reasonably have reached only one decision.  Id. This relators failed to prove.  To show abuse of discretion in determining legal principles, the relators must show the trial court clearly failed to analyze or apply the law correctly.  Id. at 840.  This relators also failed to prove.  Thus, we will not disturb the trial court=s ruling.

We deny relators= petition for writ of mandamus.  Having disposed of this original proceeding, we lift the stay imposed by our order of July 3, 2003.

PER CURIAM

Panel consists of Justices Anderson, Seymore, and Guzman.

Judgment rendered and Memorandum Opinion filed August 29, 2003.