Court of Civil Appeals of Texas, 2016

in Re: American Realty Trust, Inc. and Art Midwest, Inc.

in Re: American Realty Trust, Inc. and Art Midwest, Inc.
Court of Civil Appeals of Texas · Decided May 27, 2016

in Re: American Realty Trust, Inc. and Art Midwest, Inc.

Opinion

Deny and Opinion Filed May 27, 2016

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00535-CV IN RE AMERICAN REALTY TRUST, INC. AND ART MIDWEST, INC., Relators Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. 04-05724 MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Schenck Opinion by Justice Lang-Miers Relators filed a petition for writ of mandamus, asking this Court to conduct an in camera inspection of privileged documents that the trial court ordered to be produced and vacate the trial court’s order in toto. A writ of mandamus issues to correct a clear abuse of discretion when no adequate remedy by appeal exists. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). Relators have failed to establish that the trial court has clearly abused its discretion.

Accordingly, we DENY the petition for writ of mandamus.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 160535F.P05

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