in Re: American Realty Trust, Inc. and Art Midwest, Inc.

Court of Appeals of Texas·Decided May 27, 2016·No. 05-16-00535-CV·Published

Opinion

Deny and Opinion Filed May 27, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00535-CV

IN RE AMERICAN REALTY TRUST, INC. AND ART MIDWEST, INC., Relators

Original Proceeding from the 44th Judicial District Court Dallas County, Texas

Trial Court Cause No. 04-05724

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck Opinion by Justice Lang-Miers Relators filed a petition for writ of mandamus, asking this Court to conduct an in camera

inspection of privileged documents that the trial court ordered to be produced and vacate the trial

court’s order in toto. A writ of mandamus issues to correct a clear abuse of discretion when no

adequate remedy by appeal exists. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.

proceeding). Relators have failed to establish that the trial court has clearly abused its discretion.

Accordingly, we DENY the petition for writ of mandamus.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

160535F.P05

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Related

Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)