BEAUMONT – The Ninth Court of Appeals recently granted a writ of mandamus seeking to vacate a discovery order in a lawsuit between a veterinary clinic and a veterinarian.
The litigation centers around two contracts between Dr. Robert Wilcox and Southeast Texas Veterinary Clinics. Wilcox sold the majority of his assets of his veterinary practice to STVC, court records show.
On March 13, 2020, STVC filed suit against Wilcox, alleging he breached the non-compete agreement between the parties.
Over the course of discovery, STVC insisted Wilcox had not produced all responsive documents and moved to compel him to release his personal telephone, his wife’s home computer, and e-mail accounts, seeking to allow a third party to perform searches.
Court records show the trial court entered an order appointing a specialist and establishing protocols for collection, preservation, and production of electronically stored information.
Wilcox appealed and on March 18 the Ninth Court conditionally granted his petition, finding the trial court’s orders appointing a specialist and compelling discovery in this case exceed the permissible scope of discovery.
Judge Mitch Templeton, 172nd District Court, is presiding over the case in the trial court.
Wilcox is represented by the Munsch Hardt Kopf & Harr law firm.
Johnsen Law represents STVC.
Trial court case No. E-205503
Appeals case No. 09-20-00271-CV