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Generally, a trial judge has control over only those parties properly before the court. In considering Haas' post-judgment motion, we find it helpful to refer to the discovery rules governing nonparties. Tex. R. Civ. P. 205 governs discovery from nonparties. Rule 205.1 limits the orders the court may grant in relation to discovery from nonparties. A party may obtain discovery from a nonparty only by obtaining a court order under Tex. R. Civ. P. 196.7, 202, or 204, or by serving a subpoena. Tex. R. Civ. P. 205.1; In re Guzman, 19 S.W.3d 522, 524 (Tex. App.-Corpus Christi 2000, orig. proceeding). Rule 196.7 relates to a request or motion for entry upon property. Rule 202 governs the taking of depositions in anticipation of a suit or to investigate claims. Rule 204 governs mental or physical examinations. None of these situations are applicable in this case. James Mark Long, recording secretary for the Van Volunteer Fire Department, testified that he fills out the fire reports. He stated that he filled out an application for 1986 and sent it by mail to the State Fire Marshal. After notice was received from the Fire Marshal, he completed a second application and mailed it. However, he has not record of when he mailed the second application. He stated, too, that he completed and sent the fire reports which respondent alleges it did not receive. After notice was received, he mailed the fire reports a second time. Mr. Long has been recording secretary for six years. This is the first instance, to his knowledge, since he has been the recording secretary, that the funds were not received by the claimant. WE HANDLE PERSONAL INJURY CASES�THROUGHOUT BROWARD, DADE AND PALM BEACH COUNTIES�AS WELL AS�THE ENTIRE STATE OF FLORIDA. Personal injury and automobile accident attorneys representing area residents in court cases including car, bus, subway and pedestrian accidents. For medical malpractice cases, call us.
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