Opinion
14-24-00361-CV
06-11-2024
IN RE KIMCO DEVELOPERS, INC. AND KD HOUSTON 1086A, INC., Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 11th District Court Harris County, Texas Trial Court Cause No. 2022-36143
Panel consists of Justices Wise, Bourliot, and Wilson.
ORDER
PER CURIAM
On Wednesday, May 22, 2024, relators Kimco Developers, Inc. and KD Houston 1086A, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Kristen Brauchle Hawkins, presiding judge of the 11th District Court of Harris County, to vacate her order dated May 7, 2024, entered in trial court number 2022-36143. Relators claim respondent abused her discretion by granting discovery of relators' net worth, including: (1) relators' balance sheets and income statements; and (2) documents reflecting the valuation of any real property and partnership (or other entity) interests held by relators.
On May 23, 2024, relators filed an unopposed motion for leave to file confidential documents in camera. On the same day relators filed the unopposed motion for leave, they also filed the in camera documents on a thumb-drive with this court. We GRANT relators' motion and issue the following order:
We are in receipt of the in camera documents and ORDER relators' counsel to file an affidavit attesting that the documents on the thumb-drive are the same documents that were submitted to the trial court for its in-camera inspection. This court will not post the documents on the court's website, and the providing of such documents to the clerk of this court will not itself be viewed as a waiver of confidentiality or privilege in any way. Parties will not be granted access to the records. Pending further order of this court, relators' counsel must retrieve the record upon the issuance of this court's opinion in this original proceeding.