Automated Summary
Key Facts
Amrock, LLC (f/k/a Title Source, Inc.) filed a petition for writ of mandamus in the Fourth Court of Appeals (San Antonio, Texas) on November 21, 2025, seeking to compel the trial court to vacate its November 19, 2025 order granting discovery in the underlying case. The appellate court granted temporary relief on November 24, 2025, staying the order pending resolution. After reviewing the record, the court denied the petition, citing the inability to determine whether the trial court abused its discretion in ordering discovery. The court referenced In re E.I. DuPont de Nemours & Co. (136 S.W.3d 218, 223) and Goode v. Shoukfeh (943 S.W.2d 441), emphasizing that the party asserting a privilege bears the burden of proof and that trial courts conduct in camera inspections to assess privilege claims. The proceeding arises from Cause No. 2016-CI-06300 in the 438th Judicial District Court, Bexar County, Texas, presided over by Judge Rosie Alvarado.
Issues
- The court referenced established precedent stating that the party asserting a privilege to limit discovery bears the burden of proof. This principle was cited in the context of evaluating the relator's request to vacate the discovery order.
- The primary issue addressed was whether the trial court's order granting discovery of documents challenged by the relator as privileged constituted an abuse of discretion. The court concluded it could not determine this based on the provided record, leading to the denial of the mandamus petition.
Holdings
The court denied the petition for writ of mandamus as it could not determine that the trial court abused its discretion in ordering the discovery. The court emphasized that the party asserting a privilege has the burden of proof and that the trial court conducts an in camera inspection to assess privilege claims.
Remedies
- Following the denial of the petition, the court lifted the stay of the trial court's November 19, 2025 order.
- The court denied Relator's petition for writ of mandamus after reviewing the record and determining there was insufficient evidence of an abuse of discretion by the trial court.
- The court granted temporary relief on November 24, 2025, staying the trial court's November 19, 2025 order pending resolution of the petition for writ of mandamus.
Legal Principles
The party who seeks to limit discovery by asserting a privilege has the burden of proof.
Precedent Name
- In re E.I. DuPont de Nemours & Co.
- Goode v. Shoukfeh
Judge Name
- Lori I. Valenzuela
- Adrian A. Spears II
- H. Todd McCray
Passage Text
- Generally, a trial court conducts an in camera inspection...even when the factfinder is the trial court.
- "The party who seeks to limit discovery by asserting a privilege has the burden of proof."
- On November 21, 2025, Relator Amrock, LLC...we deny Relator's petition.