In Re: Certain Underwriters at Lloyd's, London as Subscribing Policy No. CSN0002623 (Including "Tokio Marine Kiln Syndicate 1880" and "Tokio Marine Kiln Syndicae 510") v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 3, 2023
• Docket: 05-23-00226-CV
• Status: Published

Opinion

DENY and Opinion Filed May 3, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00226-CV

IN RE CERTAIN UNDERWRITERS AT LLOYD’S, LONDON AS SUBSCRIBING POLICY NO. CSN0002623 (INCLUDING “TOKIO MARINE KILN SYNDICATE 1880” AND “TOKIO MARINE KILN SYNDICAE 510”), ET AL., Relators

Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-08222

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Molberg In their March 10, 2023 petition for writ of mandamus, relators complain that

the trial court abused its discretion by (1) ordering relators to produce allegedly

privileged documents without performing an in camera inspection and (2) holding

relators in criminal contempt without due process.

Entitlement to mandamus relief generally requires relators to demonstrate that

the trial court clearly abused its discretion and that they lack an adequate remedy by

appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the record before us, we conclude that

relators have failed to show their entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). We also lift the stay issued by our March 14, 2023 order.

230226f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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