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

Opinion

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