in Re: Mark Schwarz, Newcastle Capital Management, L.P.

Opinion

DENY; and Opinion Filed February 8, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00046-CV

IN RE MARK SCHWARZ, NEWCASTLE CAPITAL MANAGEMENT, L.P., NEWCASTLE CAPITAL GROUP L.L.C., AND GEOWORKS CORPORATION, Relators

Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-08-00144-M

MEMORANDUM OPINION Before Justices Brown, Schenck, and Reichek Opinion by Justice Brown In this original proceeding, relators seek a writ of mandamus directing the trial court to

vacate a September 25, 2018 order that vacated the associate judge’s protective order as to three

recorded conversations relators maintain are privileged and contain trade secrets. 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 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).

/Ada Brown/ ADA BROWN JUSTICE

190046F.P05

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