Pope v. Stephenson

This case involves a trial court order protecting certain party communications from discovery under the “investigative” privilege of Tex.R.Civ.P. 166b(3)(d). The court of appeals decided that there was nothing in the record to indicate what facts the denied reports encompassed, and thus no basis existed from which to conclude that there was harmful error as required under Tex.R.App.P. 81(b)(1). 774 S.W.2d 743. We find no error in that decision.

We disapprove, however, of the apparent suggestion in the appellate court’s opinion that mandamus is the “timely” remedy for any wrongful denial of…