## NUMBER 13

- 1 5

- 00296

- C V

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

IN RE BENEVIS, LLC, DENTRISTRY OF BROWNSVILLE, P.C., AND

KOOL SMILES, P.C.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez, Benavides, and Per kes

Memorandum Opinion Per Curiam 1



### Relator s

, Benevis, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C., filed

a petition for writ of mandamus and motion for emergency stay in the above cause on

July 7, 2015. Through this original proceeding, relators contend that the trial court abused

its discretion in ordering amendments to a protective order.

1 See T EX

. R. A PP

. P . 52.8(d) ( “ When denying relief, the court m a y h and down a n opinion but is not

required to do so. ” ); Id. R. 47.4 (distinguishing opinions and memor and um opinions).

### 2

To be entitled t o the extraordinary relief of a writ of mandamus, the relator must

show that the trial court abused its discretion and that there is no adequate remedy by

appeal . In re Prudential Ins. Co. of Am ., 148 S.W.3d 124, 135

– 36 (Tex. 2004) (orig.

proceeding). Th e relator has the burden of establishing both prerequisites to mandamus

relief , and this burden is a heavy one

. In re CSX Corp ., 124 S.W.3d 149, 151 (Tex. 2003)

(orig. proceeding) . A trial court clearly abuses its discretion if it reaches a decision that

is so arbitrary and unreasonable that it amounts to a clear and prejudicial error of law or

if it clearly fails to analyze the law correctly or apply the law correctly to the facts. In re

Cerberus Capital Mgmt., L.P. , 164 S.W.3d 379, 382 (Tex. 2005) (ori g. proceeding) (per

curiam). The adequacy of an appellate remedy must be determined by balancing the

benefits of mandamus review against the detriments. In re Team Rocket, L.P ., 256

S.W.3d 257, 262 (Tex. 2008) (orig. proceeding). A discovery order that compels

production beyond the rules of procedure is an abuse of discretion for which mandamus

is the proper remedy. In re Nat'l Lloyds Ins. Co. , 449 S.W.3d 486, 488 (Tex. 2014) (orig.

proceeding) (per curiam); In re Deere & Co. , 299 S.W.3d 819, 820 (Tex. 2009) (orig.

proceeding) (per curiam).

The Court, having examined and fully considered the petition for writ of mandamus

,

the response filed by the real parties in interest, 2 

### and the applicable law, is of the opinion

2 The real parties in interest herein are Paula A ntu as next friend of E. A

., a minor ; Sc a rlett A y a l a as

next friend of X.U., a minor ; Gu a d a lupe Ceped a as next friend of O.C., a minor

, A n a L a ur a Corne jo as next

friend of J.C.C., a minor ; M a rior Cuell a r and Priscill a Trujillo as next f riends of A .C., a m inor; M a ri a G a yt a n

as next friend of F.T., a minor ; Eliz a beth Gonz a lez and M a rco Reyes as next f riends of K.R., a minor ;

Fr a ncisc a Guzm a n as next friend of A .G., a minor ; Ism a el and Is a bel M a ldon a do as next friend s of J.M., a

minor ; Freisi Oliv a r as next friend of A .S.II

, a minor ; R a ry Ros a les as next friend of D.M., a minor ; Reynol

S a lin as as next friend of R.S.Jr., a minor; A n a hy A l a nis as next friend of J.V., a minor ; Esmer a ld a C a ro as

next friend of K.D.L

, a minor ; M a ry Ch a ves as next friend of T.C., a minor ; Gr a cie Fuentes as next friend of

B.F., a minor ; M a ricel a and Jorge G a rz a as next friend s of B.G., a minor ; Cl a udi a and George Lopez as

next frie nd s of A .L., a minor ; Esmer a ld a Lopez as next friend of J.L., a minor ; D a li a Lopez and Jorge

S a uced a as next f riends of D.S., a minor ; Jose and Norm a Montoy a as next friend s of I.M., a minor ; M a yr a

### 3

Munoz as next f riend of J.H., a minor ; Ros a lb a Quil a nt a n and Emilio C a v a zos as next friend s of E.C., a

m inor; V a ness a and Joshu a S a ntilli a n as next friend s of J.S., a minor; M a ryne and Jose A l a nis as next

friend s of O.M., a minor ; S a n Ju a nit a C a ntu as next friend of E.C., a minor ; Mcduli a Dehoyos as next friend

of B.C., a minor ; C a rl a G a rz a as next friend of K.S., a m inor; Y a dir a and Jesus Gomez as next friend s of

J.G., a minor ; Feliz Perez, Jr. as next friend of K.P., a minor ; Griseld a Perez as next friend of S.P., a minor ;

Ros a lb a Quil a nt a n and Emilio C a v a zos as next friend s of A .C., a minor ; Cristin a S a l as as next friend of

J.C., a minor ; Jessic a Rodriguez as next friend of E .C., a minor; Ros a Turrubi a tes and Pedro S a l as , Jr. as

next friend s of P.S., a minor; M a ryne A l a nis and Jose Luis as next friend s of J. A

. , a minor ; T a ti a n a and

Miguel C a lderon as next f riends of A .C., a minor ; Celi a Gutierrez as next friend of J.C.V.III

, a minor ; Steff a ny

Klimp as next f riend of J.C., a minor ; Luis L a r a as next friend of M.L., a minor ; Ch a rlie P a rk as next f riend

of M.P., a minor ; G a briel a Reyes as next friend of A .B.R., a minor ; Cruz Rios as next friend of X. A

., a minor ;

Seferin a S a lin as as next friend of N.B., a minor ; Kimberly Sust a it a and Rodolfo A vil a as next friend s of

R. A .Jr., a minor; Teres a A l a niz as next friend of D.T., a minor ; Teres a A l a niz as next friend of D.T., a minor ;

Nereyd a Benitez and Jose A ngel A rri a ge as next friend s of J. A

., a minor ; M a ribel Espinoz a as next friend

of B.E., a minor ; Jennifer and Ism a el G a rci a , Jr. as next friend s of I.G.I II

, a minor ; E nrique Gomez as next

friend of S.G., a minor ; Felix M a rtinez and Lucero B a utist a as next friend s of J.B., a minor ; Ros a ur a Molin a

as next friend of I.M., a minor ; J a cquelyne Rub a lc a v a as next friend of J.R., a minor ; V a ness a A nik a S a lmon

as next friend of M. A .R.Jr., a minor ; A dri a n a Torres as next friend of S.T., a minor ; Be a triz Velez as next

friend of U.M., a minor; Priscill a A p a ricio as next friend of J. A.

, a minor ; M a ri a Buitron as next friend of E.B.,

a minor ; Monic a De L a Ros a and Jose Espinoz a as next friend s of J.E., a minor ; Gu a d a lupe Perez and

Ces a r Hern and ez as next friend s of C.H., a minor ; Lizet R a mirez as next friend of I.G., a minor ; Luis and

Lizeth Reyes as next friends of I.R., a minor ; Jennifer and V a lentin Reyn a as next friend s of H.R., a minor ;

A lfredo Rodriguez as next friend of C.R., a minor ; D a isy Torres as next friend of E.T., a minor ; M a nuel

Uresti as next friend of D.U., a minor ; Gu a d a lupe and Edg a r Uribe as next friend s of J.U., a minor ; M a rg a rit a

and Humberto Vi a cobo as next friend s of V.V., a minor; Sylvi a A r anda as next friend of L.B., a minor ;

Gu a d a lupe Ceped a as next friend of S.C., a minor ; Miri a n De Los S a ntos as next friend of M.D., a minor ;

Noriseld a and Miguel G a rci a , Jr. as next friend s of M.G.III

, a minor ; A m anda G a rz a as next friend of R.P.Jr.,

a minor ; Miri a n and Fern and o Gonz a les, Jr. as next friend s of F.L.III

, a minor ; M a ri a Gonz a lez as next friend

of C.M., a minor ; Monic a Hern and ez as next friend of A .C., a minor ; A lej and r a L a r a as next friend of J.T., a

minor ; Isel a Lee Ledesm a as next friend of D.L.P., a minor ; N a ncy Rodriguez as next friend of I.J.R., a

Minor; A bel and Illi a n a Zunig a as next friend s of M.Z., a minor; Erik a A rmend a riz as next friend of J. A

., a

minor ; L a ur a and Fidel Gomez, Jr. as next friend s of J.P., a minor ; Ir as en a Gonz a lez as next friend of R.G.,

a minor ; Olg a Gr a n a dos as next friend of E.G., a minor ; M a rg a rit a Mol a r as next friend of V.N.T., a minor ;

H a ide and Ju a n Reyes as next friend s of J.E.R.II

, a minor ; A m anda and Ju a n Rodriguez as next friend s of

N.R., a minor ; Bl a nc a Rodriguez as next friend of S.R., a minor ; C a rmen S a l a z a r as next friend of K.C., a

minor ; A dri a n a Ven a ncio and Ces a r Meji a as next friend s of Y.M., a minor; Denisse A rroyo as next friend

of Z.L., a minor ; M a ri a Buitro n as next friend of L.B., a minor ; Imeld a and Gust a vo Coron a do as next friend s

of R.C., a minor ; N a rd a Dominguez as next friend of N.H., a minor ; Miri a n Gonz a les and Fern and o Lopez,

Jr. as next friend s of A .L., a minor ; Monic a Hern and ez as next friend of R.C.III

, a minor ; Eliz a beth Longori a

as next friend of C.L., a minor ; Erik a Mendoz a as next friend of J.I., a minor ; Wendy Mor a les as next friend

of A .M.Z., a minor ; R a chel Rodriguez as next friend of E.R., a minor ; S and r a Rodriguez as next friend of

D.I., a minor; S a n Ju a nit a C a ntu as next friend of E.C., a minor ; D a rlene C a rden as as next friend of E.G.,

a m inor; N a ncy Cerv a ntes as next friend of L.C., a minor ; W a ll a ce Cl a rk and M a ri a R a mirez as next friend s

of D.C., a minor ; And y and Norm a G a rci a as next friend s of A .D.G., a minor ; Myr a G a rz a as next friend of

D.R., a minor ; Jorge and Cynthi a Ginez as next friend s of J.G., a minor ; Nelssy Gonz a lez as next friend of

N.H., a minor ; M a ri a Hern and ez as next friend of K.R., a minor ; K a rin a Hern and ez as next friend of I.M., a

minor ; Teresit a Lemus as next friend of N.P., a minor ; Edw a rd Lopez as next friend of A .L., a minor ;

Veronic a Quint a nill a as next friend of D.M., a minor ; M a ri a S a l a z a r as next friend of D.L., a minor ; Hugo

and Norm a V a rg as as next friend s of A .V., a minor ; A my Zunig a as next friend of B.Z., a minor; Monic a De

L a Ros a and Jose Espinoz a as next friend s of E.E., a minor ; Jennifer Gonz a lez as next friend of B.R., a

minor ; M a ri a Herrer a as next friend of R.F., a minor ; C a rlos M a rtinez as next friend of A .M., a minor ; A n a

Ortiz as next friend of E.S., a minor ; R a miro Perez and Ivonne C a rb a j a l as next friend s of L.C., a minor ;

Ric a rdo R a mirez, Jr. as next friend of J.R., a minor ; Luis and Lizeth Reyes as next friend s of S.R., a minor ;

Veronic a Rodriguez as next friend of J.R., a minor ; Kimberly Sust a it a and Rodolfo A vil a as next friend s of

K. a

., a minor

.

### 4

that relator s have not met their burde n to obtain mandamus relief. See Eli Lilly & Co. v.

Marshall , 850 S.W.2d 155, 160 (Tex. 1993) (orig. proceeding); Garcia v. Peeples , 734

S.W.2d 343 (Tex. 1987) (orig. proceeding); see also Idar v. Cooper Tire & Rubber Co.

,

No. C

- 10

- 217, 2011 WL 688871 (S. D. Tex. Feb. 17, 2011)

. Accordingly, we LIFT the

stay previously imposed in this cause and we DENY the petitio n for writ of mandamus

.

See T EX



### . R. A PP



### . P. 52.8(a) , 52.10

.

PER CURIAM

D elivered and filed the

21st day of July , 2015

.