Petition for Writ of Mandamus - Filed - Supreme Court of Texas

court's net worth orders. Specifically, the court of appeals ruled Relators are to produc e
only current net worth information, and are not required to create affidavits in a format of
what would have been provided to a lender, but are required only to produce document s
in response to the Real Parties' request for production that already exist . Id. at *28 .
Respondent was directed to modify that portion of its order accordingly . 6 Id. Also, the
court of appeals ruled Real Parties are limited to asking each physician to (1) state his o r
her current net worth, and (2) the facts and methods used to calculate what each physicia n
alleges is his or her current net worth . Id . at *28-29. (Apx . Tab G) .
Relying on this Court's decision in Lunsford v. Morris, 746 S .W .2d 471, 473 (Tex .
1988), however, the court of appeals' majority's opinion rejected Relators' argument tha t
Real Parties were required - before being entitled to net worth discovery - to make a
prim facie case of entitlement to punitive damages . Id. at *7 . The court of appeals als o
held Real Parties had pleaded facts sufficient to support discovery of net wort h
information . Id . at *16 .
Justice Sullivan concurred in the result reached by the majority, but wrot e
separately "only to note that the current Texas rule on net-worth discovery is no w
decades-old and, in light of the evolution of Texas law, needs to be revisited ." Id . at *30 .
He recounted the changes made by the Legislature since this Court decided Lunsford v .
Morris, the case in which the Court, for the first time, allowed parties to discover an d
° After an October 27, 2009 request by Relators' counsel for a stay of the net worth discovery (even as modified b y
the court of appeals), Real Parties' counsel advised on November 6, 2009, that they oppose any stay of discover y
while Relators' petition for writ of mandamus is pending in this Court . On November 6th, Real Parties notifie d
Relators they have requested a hearing before the trial court, to be held on November 17, 2009, regarding modifyin g
its discovery orders to comport with the court of appeals' order . See Exhibits "A," and "B" to Relators' Emergenc y
Motion for Temporary Relief, filed contemporaneously with this Petition .
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