in Re: BRG Management, Inc. D/B/A Aspen Heights

DENY and Opinion Filed December 10, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00856-CV
IN RE BRG MANAGEMENT, INC. D/B/A ASPEN HEIGHTS, Relator
Original Proceeding from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-16266
MEMORANDUM OPINION
Before Justices Osborne, Reichek, and Browning
Opinion by Justice Browning
Relator seeks a writ directing the trial court to withdraw its order compelling
production of three documents relator contends are privileged.1 Entitlement to
mandamus relief requires relator to show 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). After reviewing the
petition, the response, the reply, and the mandamus record, and conducting our own
in camera review of the documents in issue, we conclude relator has not shown it is
entitled to the relief requested.
1
We stayed the trial court’s order while we considered relator’s petition.
Accordingly, we deny relator’s 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).
/John G. Browning/
JOHN G. BROWNING
JUSTICE
200856F.P05
2