In Re Dyer Custom Installation, Inc.

OPINION NUNC PRO TUNC

Opinion by

Justice WHITTINGTON.

In this mandamus proceeding, Dyer Custom Installation, Inc., Joseph Geeting, and Susan Lambert (collectively “DCI”) contend the trial judge abused his discretion in granting Craig Dyer’s application for writ of mandamus to inspect corporate books and records under article 2.44(D) of the business corporation act. See Tex. Bus. CoRP. Act Ann. art. 2.44(D) (Vernon Supp.2004). DCI claims it raised a fact issue regarding Dyer’s “proper purpose” for the request to inspect the corporate books and records and was entitled to a jury trial on this…