National Tank Co. v. Brotherton

Although the Court agrees with relator and disagrees with the trial court on the law of investigative privilege, the Court denies relator relief. Characterizing today’s decision as a modification of Flores v. Fourth Court of Appeals, 777 S.W.2d 38 (Tex.1989), and a departure from Stringer v. Eleventh Court of Appeals, 720 S.W.2d 801 (Tex.1986), the Court concludes that the trial court could not have anticipated this change in the law and therefore cannot be said to have abused its discretion in disallowing relator’s claim of privilege. For this reason the Court declines to grant mandamus, not…