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.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.