Ninth Court declines to make RMQ law firm 'clarify' libel claim

A "vague" petition seeking to investigate a potential lawsuit against two Liberty County residents, who may have conspired to commit fraud against Reaud, Morgan & Quinn, does not need clarifying, an appeals court ruled Friday.
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As previously reported, RMQ managing partner Glen Morgan filed the petition Dec. 7 in Jefferson County District Court, claiming Mark Beausoleil and Lisa Fregia may have knowledge about libelous statements made about the firm in 2010.
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In the petition, RMQ states it anticipates the pending lawsuit will include allegations of fraud, conspiracy and libel.
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"Mr. Beausoleil and Ms. Fregia may have knowledge about libelous statements made about petitioner during calendar year 2010," the petition states. "They may have knowledge regarding fraud and conspiracy to commit fraud against petitioner."
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However, the petition does not state what alleged libelous statement or action prompted the firm to take action.
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During a Jan. 21 hearing, Beausoleil brought to the attention of Judge Donald Floyd, 172nd District Court, the difficulty presented by the vague language set forth in RMQ's petition.
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Judge Floyd verified the petition anyways, giving RMQ the green light to take the depositions of Beausoleil and Fregia and an additional potential defendant, Diane Hartfield, court records show.
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Beausoleil appealed the court's order and on Feb. 11 the Texas Ninth Court of Appeals issued a per curiam opinion stating that it did not have jurisdiction over the matter.
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"The trial court's pre-suit deposition order is ancillary to an anticipated suit to which Beausoleil is an anticipated defendant. Because we lack appellate jurisdiction, the appeal must be dismissed," states the Ninth Court's opinion.
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"Beausoleil also requested mandamus relief, and we consider the request for emergency relief as a mandamus petition. Beausoleil has not shown that mandamus relief is necessary under the circumstances present in this case. Accordingly, we dismiss the appeal for lack of jurisdiction and deny the petition for writ of mandamus."
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RMQ served notices to take the potential defendants depositions on Jan. 31, slating them for Feb. 14.
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On Feb. 2, Beausoleil filed a motion to quash, objecting to the time and place of all three depositions, court records show.
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Judge Floyd denied the motion Feb. 9. �
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Houston attorneys Douglas M. Walla and Ian R. Beliveaux represent the potential defendants.
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Case No. E188-924
Appeals case No. 09-11-00046-CV