Opinion
No. 05-04-00057-CV.
Opinion Issued January 16, 2004.
Original Proceeding from the 134th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 01-9414.
Writ of Mandamus Denied.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
This original proceeding involves a letter dated December 14, 2001 and a testifying expert's reliance on that letter. After in camera inspection, the trial court held the letter is privileged and therefore protected from discovery. See Tex. Civ. Prac. Rem. Code Ann. § 154.073(a) (Vernon Supp. 2004). Relators filed a motion to strike the expert witness who relied on and/or reviewed the letter. The trial court denied the motion to strike the expert. Relators filed this original proceeding requesting this Court require the letter be filed with the trial court under seal, see Tex. R. Civ. P. 76a(2)(a)(1), and order the trial judge to either (1) vacate her order denying the motion to strike the testifying expert or (2) vacate her order holding the letter privileged from discovery.
Absent a showing that relators have unsuccessfully exhausted all legal procedures to have a sealed envelope containing a copy of the letter made a part of the trial court's record, we conclude the relators have not shown that they lack an adequate remedy at law. Accordingly, relators' motion for emergency relief and petition for writ of mandamus are DENIED. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-842 (Tex. 1992) (orig. proceeding).