Summary
The Seventh District Court of Appeals of Texas denied a petition for writ of mandamus challenging a trial court order compelling production of personal financial records in litigation involving an alleged breach of a horse syndication agreement and fiduciary-duty claims. The court held that the relators failed to establish privilege, confidentiality, privacy protection, overbreadth, or irrelevance, and it vacated its temporary stay while declaring the opposing emergency motion moot.
Holdings
- Mandamus relief was not warranted because Manion failed to establish that the trial court abused its discretion or violated a legal duty and failed to establish a basis for excluding the requested documents from discovery.
- Manion did not establish that his financial records were privileged, confidential, or constitutionally protected from discovery, and the records could not be excluded on those grounds.
- The financial records from 2000 to the present were relevant and not shown to be overbroad because Freeman alleged that Manion served as Stallion Manager from 1983 to the present and misused that position for financial gain.
Questions Presented
- Whether the trial court abused its discretion by compelling production of Manion's personal financial records.
- Whether Manion established that the requested financial records were privileged, confidential, protected by a constitutional right to privacy, overbroad, unduly burdensome, or irrelevant.
- Whether mandamus relief was appropriate to vacate the discovery order.
Disposition
writ_denied
Cases Cited (17)
- In re Dana Corp., 138 S.W.3d 298, 301 (Tex. 2004) (orig. proceeding)(followed)
- In re Covenant Health System, 223 S.W.3d 423, 425 (Tex.App.–Amarillo 2006, orig. proceeding)(followed)
- In re Brown, 190 S.W.3d 4, 6 (Tex.App.–Amarillo 2005, orig. proceeding)(followed)
- In re Shipman, 68 S.W.3d 815, 818-19 (Tex.App.–Amarillo 2001, orig. proceeding)(followed)
- Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)(followed)
- In re Bristol-Myers Squibb Co., 975 S.W.2d 601, 605 (Tex. 1998)(followed)
- In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998) (orig. proceeding)(followed)
- In re Christus Spohn Hosp. Kleberg, 222 S.W.3d 434, 436 (Tex. 2007)(followed)
- In re Trinity Universal Ins. Co., 64 S.W.3d 463, 466 (Tex.App.–Amarillo 2001, orig. proceeding)(followed)
- Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985)(followed)
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Court Document
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