in Re Venus Ford of Cudahy, Inc., Ford Motor Company, and Ford International Capital LLC F/K/A Ford Investment Enterprises Corp.

• Court: Court of Appeals of Texas
• Decided: October 18, 2011
• Docket: 14-11-00904-CV
• Status: Published

Opinion

Motions Granted and Order filed October 18, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00904-CV ____________

IN RE VENUS FORD OF CUDAHY, INC., FORD MOTOR COMPANY, and FORD INTERNATIONAL CAPITAL LLC f/k/a FORD INVESTMENT ENTERPRISES CORP., Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 215th District Court Harris County, Texas Trial Court Cause No. 2008-71227

ORDER

On October 14, 2011, relators, Venus Ford of Cudahy, Inc., Ford Motor Company, and Ford International Capital LLC f/k/a Ford Investment Enterprises Corp., filed a petition for writ of mandamus. See Tex. Gov't Code § 22.221. Relators ask this court to order the Honorable Steven E. Kirkland, Judge of the 215th District Court of Harris County, Texas, to set aside his October 5, 2011, discovery order, entered in trial court cause number 2008-71227, styled Dealer Computer Services, Inc. v. Ford Motor Company and Ford Investment Enterprise Corporation a/k/a FIECO. Relators claim that the trial court abused its discretion in requiring privileged documents to be produced. Relators have also filed a motion for a temporary stay of the trial court’s discovery order. See Tex. R. App. P. 52.8(b), 52.10. It appears from the facts stated in the petition that relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted.

We therefore GRANT relators’ motion and ORDER the trial court’s October 5, 2011, discovery order in trial court cause number 2008-71227, styled Dealer Computer Services, Inc. v. Ford Motor Company and Ford Investment Enterprise Corporation a/k/a FIECO, STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court. Relators’ motion for leave to file the documents that are claimed to be privileged for in cameral inspection is also GRANTED.

In addition, the court requests the real party in interest, Dealer Computer Services, Inc., to file a response to the petition for writ of mandamus on or before November 2, 2011.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.