                                      In The

                                 Court of Appeals

                    Ninth District of Texas at Beaumont

                               __________________

                               NO. 09-19-00165-CV
                               __________________

          IN RE SAGAR PATEL AND AJESHKUMAR PATEL
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                           Original Proceeding
             136th District Court of Jefferson County, Texas
                       Trial Cause No. D-198,082
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                          MEMORANDUM OPINION

      Sagar Patel and Ajeshkumar Patel, Relators, filed a Petition for Mandamus

and requested a stay of the underlying trial, arguing the trial court abused its

discretion by denying their request to exclude the testimony of what they describe

as an improperly or late designated witness, and in denying their request to continue

trial so Relators’ counsel could conduct discovery regarding the testimony and

prepare for cross-examination.

      A writ of mandamus is an extraordinary remedy that will issue only to correct

a clear abuse of discretion for which the relator has no adequate remedy by appeal.


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See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig.

proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.

proceeding). After considering the petition and accompanying record, we conclude

that Relators have not shown that they have no adequate remedy by appeal.

Accordingly, we deny the petition for a writ of mandamus and the motion for

temporary relief. See Tex. R. App. P. 52.8(a).

      PETITION DENIED.


                                                       PER CURIAM

Submitted on May 31, 2019
Opinion Delivered June 3, 2019

Before McKeithen, C.J., Kreger and Johnson, JJ.




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