Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741 (Tex. 1991). · Go Syfert
Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741 (Tex. 1991). Cases Citing This Book View Copy Cite
39 citation events (33 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Makayla Montoya Frazier and Buckle Bunnies Fund v. Zach Maxwell
Tex. App. · 2025 · confidence medium
In Bed Bath & Beyond, we explained that a Rule 202 order for presuit discovery from a third party against whom suit is not contemplated will result in an order that is final and appealable as an “end[] in [it]sel[f]” because the order “resolve[s] all discovery issues . . . and act[s] as [a] mandatory injunction.” Id. at *2 (quoting Ross Stores, Inc. v. Redken Labs, Inc., 810 S.W.2d 741, 742 (Tex. 1991), which was decided under Rule 737 on summary judgment).
discussed Cited as authority (rule) Brian Caress v. Michael Fortier
Tex. App. · 2019 · confidence medium
An order granting a pre-suit deposition is appealable “if [the deposition is] sought from someone against whom suit is not anticipated.” In re Jorden, 249 S.W.3d 416 , 419 & n.7 (Tex. 2008) (citing Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex. 1991) (per curiam)).
discussed Cited as authority (rule) International Association of Drilling Contractors v. Orion Drilling Company, LLC and Integrated Drive Systems, LLC (2×)
Tex. App. · 2016 · confidence medium
By contrast, an order granting a pre-suit deposition is appealable “if [the deposition is] sought from someone against whom suit is not anticipated.” In re Jorden, 249 S.W.3d 416 , 419 & n.7 (Tex. 2008) (citing Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex. 1991)); Ross Stores, 810 S.W.2d at 742 (holding that pre-suit discovery order is final and appealable when discovery proceeding was brought “against third parties against whom suits are not contemplated”).
discussed Cited as authority (rule) Susan Combs, Texas Comptroller of Public Accounts and the Office of the Comptroller of Public Accounts v. the Texas Civil Rights Project and Sarah Canright
Tex. App. · 2013 · signal: cf. · confidence medium
See In re Jorden, 249 S.W.3d 416, 419 (Tex. 2008) (orig. proceeding); cf. Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex. 1991) (noting that under predecessor rule to 202(b), order was final and appealable when “against third parties against whom suits are not contemplated . . . acting as mandatory injunctions against the discovery defendant”).
discussed Cited as authority (rule) Combs v. Texas Civil Rights Project
Tex. App. · 2013 · signal: cf. · confidence medium
See In re Jorden, 249 S.W.3d 416, 419 (Tex.2008) (orig. proceeding); cf. Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex.1991) (noting that under predecessor rule to 202(b), order was final and appealable when “against third parties against whom suits are not contemplated ... acting as mandatory injunctions against the discovery defendant”).
discussed Cited as authority (rule) in Re: Petition of David S. Mora O.D., Ph. D., Requesting a Deposition of Allan Chernov, M.D.
Tex. App. · 2013 · confidence medium
The supreme court has held that Rule 202 presuit deposition orders are appealable only “if sought from someone against whom suit is not anticipated.” In re Jorden, 249 S.W.3d 416, 419 (Tex. 2008) (emphasis in original) (citing Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 741 (Tex. 1991)).
cited Cited as authority (rule) in Re L. Randy Denton
Tex. App. · 2009 · confidence medium
In re Jorden, 249 S.W.3d 416, 419 (Tex. 2008); Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex. 1991).
discussed Cited as authority (rule) in Re L. Randy Denton
Tex. App. · 2009 · confidence medium
In re Jorden , 249 S.W.3d 416, 419 (Tex. 2008); Ross Stores, Inc. v. Redken Labs. , Inc., 810 S.W.2d 741, 742 (Tex. 1991). [3] Because of the basis of our holding, we do not reach the petitioner’s argument that there are two other suits in which the deposition could be taken or that Rule 202 cannot be used in connection with an anticipated criminal claim, i.e ., the violation of a city ordinance.
discussed Cited as authority (rule) Kristofer Thomas Kastner v. Guttermax, L.P., Frank Falco, Jack Heath, Russell Lund, and Jim McLaughlin
Tex. App. · 2008 · confidence medium
Some discovery orders are final and appealable, such as an order in a bill of discovery suit. [2] A bill of discovery order is one A directing discovery against third parties against whom suits are not contemplated are ends in themselves, resolving all discovery issues between the bill of discovery plaintiff and the discovery defendant . . . . @ Ross Stores, Inc. v. Redken Labs, Inc. , 810 S.W.2d 741, 742 (Tex. 1991); Tex. R.
discussed Cited as authority (rule) In Re Jorden (2×)
Tex. · 2008 · confidence medium
GOV'T CODE § 22.001(a)(2) ("The supreme court has appellate jurisdiction . . . in the following cases when they have been brought to the courts of appeals from appealable judgment of the trial courts: . . . (2) a case in which one of the courts of appeals holds differently from a prior decision of another court of appeals. . . . "). [7] Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex.1991) (holding that presuit discovery order is final appeal when brought "against third parties against whom suits are not contemplated"). [8] Office Employees Int'l Union Local 277 v. Sw.
cited Cited as authority (rule) Thomas v. Fitzgerald
Tex. App. · 2005 · confidence medium
Ross Stores, Inc. v. Redken Laboratories, Inc., 810 S.W.2d 741, 742 (Tex.1991) (per curiam) (citing Dallas Jt.
cited Cited "see" in Re Mike East, Alice East, Lisa East and Alejandro Urias
Tex. App. · 2014 · signal: see · confidence high
See In re Jorden, 249 S.W.3d 416, 419 (Tex.2008) (orig. proceeding) (citing Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex.1991)).
cited Cited "see" in Re Reassure America Life Insurance Company
Tex. App. · 2013 · signal: see · confidence high
See In re Jorden, 249 S.W.3d 416, 419 (Tex.2008) (orig. proceeding) (citing Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex.1991)).
discussed Cited "see" in Re Bed Bath & Beyond Inc.
Tex. App. · 2007 · signal: see · confidence high
See Ross Stores, Inc. v. Redken Labs., Inc. , 810 S.W.2d 741, 742 (Tex. 1991); Parker v. Lindsey , No. 05-98-01249-CV, 1999 WL 446067 , at *1-2 (Tex. App.—Dallas June 2, 1999, pet. denied) (not designated for publication) (both construing rule 737).
cited Cited "see" in Re: Christopher Allan, M.D.
Tex. App. · 2006 · signal: see · confidence high
Thomas v. Fitzgerald , 166 S.W.3d 746, 747 (Tex. App.–Waco 2005, no pet.); see Ross Stores, Inc. v. Redken Labs, Inc. , 810 S.W.2d 741, 742 (Tex. 1991) (applying predecessor to Rule 202).
cited Cited "see" In Re Allan
Tex. App. · 2006 · signal: see · confidence high
Thomas v. Fitzgerald, 166 S.W.3d 746, 747 (Tex.App.-Waco 2005, no pet.); see Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex.1991) (applying predecessor to Rule 202).
discussed Cited "see" in Re Jeffery Lynn Poteete
Tex. App. · 2006 · signal: see · confidence high
Equity Ins., 175 S.W.3d 560, 563 (Tex. App.—Dallas 2005, no pet.); Thomas, 166 S.W.3d at 747 ; see Ross Stores, Inc. v. Redken Labs., Inc., 810 S.W.2d 741, 742 (Tex. 1991); Jacintoport Corp. v. Almanza, 987 S.W.2d 901, 902 (Tex. App.—Houston [14th Dist.] 1999, no pet.) (both applying predecessor to rule 202). 5: IFS Security Group, 175 S.W.3d at 563 ; Thomas, 166 S.W.3d at 747 ; Jacintoport Corp., 987 S.W.2d at 902 . 6: IFS Security Group, 175 S.W.3d at 563 ; Thomas, 166 S.W.3d at 747 . 7: Poteete’s petition states that he “seeks to depose Edwin J.
examined Cited "see" IFS Security Group, Inc. v. American Equity Insurance Co. (4×)
Tex. App. · 2005 · signal: see · confidence high
See Ross Stores, Inc. v. Redken Lab., Inc., 810 S.W.2d 741, 742 (Tex.1991) (discussing bill of discovery under repealed rule 737); Dallas Joint Stock Land Bank v. Rawlins, 129 S.W.2d 485, 487 (Tex.Civ.App.-Dallas 1939, orig. proceeding) (discussing bill of discovery), cited with approval in Dallas *563 Joint Stock Land Bank v. State ex rel.
examined Cited "see" Jacintoport Corp. v. Almanza (4×) also: Cited "see, e.g."
Tex. App. · 1999 · signal: see · confidence high
See Ross Stores, 810 S.W.2d at 742 (citing Dallas Joint Stock Land Bank v. State, 135 Tex. 25 , 137 S.W.2d 993 (1940), and Dallas Joint Stock Land Bank v. Rawlins, 129 S.W.2d 485, 486-87 (Tex.Civ.App.—Dallas 1939, no writ)).
cited Cited "see, e.g." In re Doe
unknown court · 2014 · signal: see, e.g. · confidence medium
See, e.g., Ross Stores, Inc. v. Redken Lab., Inc., 810 S.W.2d 741, 741-742 (Tex. 1991) (per curiam). .
Retrieving the full opinion text from the archive…
ROSS STORES, INC. D/B/A Ross Dress for Less, Petitioner,
v.
REDKEN LABORATORIES, INC., Respondent
D-0858.
Texas Supreme Court.
Jun 12, 1991.
810 S.W.2d 741
James M. Orr, John M. Cone, Dallas, for petitioner., Joseph J. Mastrogiovanni, Jr., Dallas, for respondent.
Per Curiam.
Cited by 25 opinions  |  Published
PER CURIAM.

This is an equitable bill of discovery proceeding under rule 737, Texas Rules of Civil Procedure. Redken produces hair[*742] care and beauty products and sells them through distributorship agreements by which the products may be sold for resale only to professional salons or licensed cosmetology schools. Redken discovered Ross was selling genuine Redken products at highly competitive “discount” prices. Ross is not a licensed Redken distributor, and its stores do not have professional beauticians or barbers or otherwise qualify as contemplated resale outlets under the Redken distributorship agreements. Redken sued Ross for an equitable bill of discovery to find out where and how Ross was obtaining its genuine Redken products.

Redken filed a motion for summary judgment, alleging facts the thrust of which was that the only way that Ross could be acquiring the Redken products was through a distributor’s “directly or indirectly” breaching its contract with Redken. Redken’s bill of discovery action was brought with a view toward filing suit against the supplier or suppliers of Redken products to Ross. Prom the face of Redken’s pleadings there is no assertion or contemplation of any cause of action against Ross. In connection with its motion for summary judgment, Redken disclaimed any present intention of suing Ross for damages.

The trial judge signed a summary judgment order requiring Ross to give its deposition and to produce documents related to how it obtained Redken products. The order is admittedly the “final” order in the equitable bill of discovery proceeding, in the sense that it grants all the relief Redken sought by that proceeding. Ross filed a cost bond and attempted to appeal the summary judgment. Without opinion, the court of appeals dismissed the appeal for want of jurisdiction, apparently on the ground that the district court’s summary judgment was not a final, appealable order. In its application Ross complains that the court of appeals erred in dismissing the cause for want of jurisdiction.

Bill of discovery orders directing discovery against third parties against whom suits are not contemplated are ends in themselves, resolving all discovery issues between the bill of discovery plaintiff and the discovery defendant and acting as mandatory injunctions against the discovery defendant. Such orders are therefore final and appealable. Dallas Joint Stock Land Bank v. State, 135 Tex. 25, 137 S.W.2d 993 (1940); Dallas Joint Stock Land Bank v. Rawlins, 129 S.W.2d 485 (Tex.Civ.App.-Dallas 1939, orig. proceeding). In the present case, there is no pending suit involving Ross to which the present discovery action is ancillary, and no suit against Ross is specifically contemplated. Redken seeks to discover who its potential defendants are and whether it has one or more causes of action against them. Thus, the discovery is an end within itself and the court of appeals erred in concluding there was no appellate jurisdiction. Pursuant to rule 170, Texas Rules of Appellate Procedure, without hearing oral argument a majority of the court grant Ross’ application for writ of error, reverse the judgment of the court of appeals and remand the cause to the court of appeals for further proceedings consistent with this opinion.