Legal Opinion

In Re Behringer Harvard Tic Management Services LP

Texas Court of Appeals, 5th District (Dallas)

Decided July 21, 2010No. 05-10-00624-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

Relators filed this mandamus proceeding after the trial court entered an order appointing a special master to conduct an in camera review of certain documents. We conclude the trial court abused its discretion in appointing the special master and relators have no adequate remedy by appeal. We therefore conditionally grant the writ of mandamus.

In order to obtain mandamus relief, relators must show both that the trial court has abused its discretion and that they have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex.2004)…

2Cases cited3 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Simpson v. CanalesTexas Supreme Court · 1991

3Cited by5 opinions

  1. in Re: Pendragon Transportation LLC, Texas Court of Appeals, 5th District (Dallas)2014
  2. in Re 8650 Frisco, LLC D/B/A Estilo Gaucho Brazilian Steakhouse, Mandona, LLC, Galovelho, LLC, Bahtche, LLC, Claudio Nunes and David Jeiel Rodrigues, Texas Court of Appeals, 1st District (Houston)2015
  3. in Re Employee Funding of America, LLC, Texas Court of Appeals, 13th District2022
  4. in Re Nettie Bivens, Texas Court of Appeals, 13th District2020
  5. in Re: Sarah Catherine Norris Alford and WMC Vista Holdings, LLC, Texas Court of Appeals, 5th District (Dallas)2022

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