Opinion
No. 05-19-00421-CV
06-18-2019
IN RE CAR SAVER, INC., AND JOHN GREGORY BURNETTE, INDIVIDUALLY, Relators
Original Proceeding from the 95th District Court Dallas County, Texas
Trial Court Cause No. DC-18-00801
MEMORANDUM OPINION
Before Justices Myers, Whitehill, and Nowell
Opinion by Justice Nowell
In this original proceeding, relators seek a writ of mandamus directing the trial court to vacate its March 29, 2019 order compelling production of documents relators contend are subject to the attorney-client privilege. By order dated April 12, 2019, we stayed the March 29 order, granted relators' motion to file the confidential mandamus record under seal, and requested that the real party in interest and respondent file a response to the petition. After reviewing the petition, the real party in interest's response, relators' reply, and the mandamus record, we deny the petition.
To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators' petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE 190421F.P05