in Re: Brian D. Martel ( 2015 )

DENIED and Opinion Filed October 30, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01316-CV
IN RE BRIAN D. MARTEL, Relator
Original Proceeding from the 470th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-52347-2015
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Bridges, and Justice Stoddart
Opinion by Justice Stoddart
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to vacate the portion of its October 27, 2015 Order on Motion to Compel Discovery and
For Sanctions that requires relator to produce documents the trial court found relator has a
statutory right to receive from Gearbox Software, LLC under the Texas Business Organizations
Code. Ordinarily, to obtain 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 conclude relator has
failed to establish a right to relief. Accordingly, we deny the petition for writ of mandamus.
/Craig Stoddart/
CRAIG STODDART
JUSTICE
151316F.P05