Court of Appeals of Texas, 2021

in Re: Jonathan Rute

in Re: Jonathan Rute
Court of Appeals of Texas · Decided July 20, 2021
in Re: Jonathan Rute

Opinion

Denied and Opinion Filed July 20, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00590-CV

IN RE JONATHAN RUTE, Relator

Original Proceeding from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-03470-2016

MEMORANDUM OPINION

Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith

In his July 15, 2021 amended petition for writ of mandamus and request for emergency relief, relator contends that the trial court abused its discretion by (1) concluding that he waived his privileges and privacy rights regarding certain emails; and (2) ordering in camera review of those emails. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on our review of the petition and record, we conclude that relator has failed to show his entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus, and deny the request for emergency relief as moot.

/Craig Smith/

210590f.p05 CRAIG SMITH

JUSTICE

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