in Re: Gearbox Software, LLC and Randall Pitchford, II

Court of Appeals of Texas·Decided August 26, 2019·No. 05-19-00797-CV·Published

Opinion

DENIED and Opinion Filed August 26, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00797-CV

IN RE GEARBOX SOFTWARE, LLC AND RANDALL PITCHFORD, II, Relators

Original proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-19179

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

court abused its discretion by overruling numerous objections to requests for production of

documents and compelling production of certain documents. Entitlement to mandamus relief

requires relators to 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). After reviewing the petition and the mandamus record, we conclude relators

have not shown they are entitled to the relief requested.

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).

/Cory L. Carlyle/ CORY L. CARLYLE 190797F.P05 JUSTICE

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in Re: Gearbox Software, LLC and Randall Pitchford, II, (Tex. Ct. App. 2019).

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)