in Re: ABM Onsite Service, Inc. and ABM Janitorial Services-South Central, Inc.

• Court: Court of Appeals of Texas
• Decided: February 26, 2018
• Docket: 05-18-00204-CV
• Status: Published

Opinion

DENY; and Opinion Filed February 26, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00204-CV

IN RE ABM ONSITE SERVICE, INC. AND ABM JANITORIAL SERVICES-SOUTH CENTRAL, INC., Relators

Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-01318

MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Myers Before the Court is relators’ petition for writ of mandamus in which they contend the trial

court abused its discretion by ordering relators in a sanctions order to produce allegedly privileged

documents. 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). Based on the record before us,

we conclude relators have not shown the trial court abused its discretion. Accordingly, we deny

relators’ 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).

/Lana Myers/ LANA MYERS JUSTICE

180204F.P05