Opinion
No. 05-16-00424-CV
04-27-2016
IN RE PROPHET EQUITY LP AND ROSS GATLIN, Relators
Original Proceeding from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-12313
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang, and Justice Brown
Opinion by Justice Lang
In this petition for writ of mandamus, relator requests that we order the trial court to require the production of various communications among real party in interest Twin City Fire Insurance Company and other insurers who insured different tiers of the same risk. Relators assert claims for breach of contract, common law bad-faith, and violations of the Texas Insurance Code against Twin City Fire Insurance Company. The mandamus record shows that the trial court intends to try the breach of contract claim separately from the extra-contractual claims.
Ordinarily, 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). We cannot conclude that relator has demonstrated that the trial court has abused its discretion in denying discovery of the communications at this time.
We deny the petition for writ of mandamus.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE 160424F.P05