Court of Civil Appeals of Texas, 2004

in Re: Utica Lloyds of Texas, Utica National Insurance Company, Utica Mutual Insurance Company, GAB Robins North America and Heritage Claims, Inc.

in Re: Utica Lloyds of Texas, Utica National Insurance Company, Utica Mutual Insurance Company, GAB Robins North America and Heritage Claims, Inc.
Court of Civil Appeals of Texas · Decided January 26, 2004

in Re: Utica Lloyds of Texas, Utica National Insurance Company, Utica Mutual Insurance Company, GAB Robins North America and Heritage Claims, Inc.

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-035 CV

____________________



IN RE UTICA LLOYDS OF TEXAS, UTICA NATIONAL

INSURANCE COMPANY, UTICA MUTUAL INSURANCE COMPANY,

GAB ROBINS NORTH AMERICA, AND HERITAGE CLAIMS, INC.




Original Proceeding



MEMORANDUM OPINION (1)

Utica Lloyds of Texas, Utica National Insurance Company, Utica Mutual Insurance Company, GAB Robins North America, and Heritage Claims, Inc., seek a writ of mandamus to compel the trial judge to vacate an order that requires Relators to retrieve and return all copies of an attorney-client communication and to identify all parties who received a copy of that communication. Relators allege that the attorney-client privilege was waived by the real party in interest, Oak Ridge Baptist Church, through voluntary disclosure to a church member. After reviewing the petition and record, we conclude that the Relators have not shown that appeal is not an adequate remedy. See Street v. Second Court of Appeals, 715 S.W.2d 638, 639-40 (Tex. 1986). Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992).

Relators' emergency motion for temporary relief is denied. The petition for writ of mandamus, filed January 23, 2004, is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered January 26, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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