In Re: Certain Underwriters at Lloyd's, London as Subscribing Policy No. CSN0002623 (Including \"Tokio Marine Kiln Syndicate 1880\" and \"Tokio Marine Kiln Syndicae 510\") v. the State of Texas ( 2023 )


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  • DENY and Opinion Filed May 3, 2023
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-23-00226-CV
    IN RE CERTAIN UNDERWRITERS AT LLOYD’S, LONDON AS
    SUBSCRIBING POLICY NO. CSN0002623 (INCLUDING “TOKIO
    MARINE KILN SYNDICATE 1880” AND “TOKIO MARINE KILN
    SYNDICAE 510”), ET AL., Relators
    Original Proceeding from the 193rd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-21-08222
    MEMORANDUM OPINION
    Before Justices Molberg, Goldstein, and Breedlove
    Opinion by Justice Molberg
    In their March 10, 2023 petition for writ of mandamus, relators complain that
    the trial court abused its discretion by (1) ordering relators to produce allegedly
    privileged documents without performing an in camera inspection and (2) holding
    relators in criminal contempt without due process.
    Entitlement to mandamus relief generally requires relators to demonstrate that
    the trial court clearly abused its discretion and that they lack an adequate remedy by
    appeal. In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135–36 (Tex. 2004) (orig.
    proceeding). After reviewing the petition and the record before us, we conclude that
    relators have failed to show their entitlement to mandamus relief.
    Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
    52.8(a). We also lift the stay issued by our March 14, 2023 order.
    230226f.p05                                /Ken Molberg//
    KEN MOLBERG
    JUSTICE
    –2–
    

Document Info

Docket Number: 05-23-00226-CV

Filed Date: 5/3/2023

Precedential Status: Precedential

Modified Date: 5/10/2023