IN RE: LEON BERNSEN SR. (2017)

MEMORANDUM OPINION

Memorandum Opinion Per Curiam 2

Relator Leon Bernsen Sr. filed a petition for writ of mandamus and emergency motion for stay in the above cause on January 24, 2017. Through this original proceeding, relator seeks to vacate a January 19, 2017 order requiring him to produce certain documents in response to discovery requests propounded by the real party in interest, Leon Bernsen Jr. Relator subsequently filed an amended petition for writ of mandamus, and real party in interest Leon Bernsen Jr. filed a response to the emergency motion for stay.

Mandamus is an extraordinary remedy. In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Mandamus relief is proper to correct a clear abuse of discretion when there is no adequate remedy by appeal. In re Christus Santa Rosa Health Sys., 492 S.W.3d 276, 279 (Tex. 2016) (orig. proceeding). The relator bears the burden of proving both of these requirements. In re H.E.B. Grocery Co., 492 S.W.3d at 302; Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). In this regard, appellate courts may not deal with disputed areas of fact in original proceedings. In re Woodfill, 470 S.W.3d 473, 478 (Tex. 2015) (orig. proceeding); West v. Solito, 563 S.W.2d 240, 245 (Tex. 1978) (orig. proceeding).

The scope of discovery is generally within the trial court's discretion. In re Graco Children's Prods., Inc., 210 S.W.3d 598, 600 (Tex. 2006) (orig. proceeding) (per curiam); In re CSX Corp., 124 S.W.3d 149, 152 (Tex. 2003) (orig. proceeding). An abuse of discretion occurs when a trial court's ruling is arbitrary and unreasonable or is made without regard for guiding legal principles or supporting evidence. In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); Ford Motor Co. v. Garcia, 363 S.W.3d 573, 578 (Tex. 2012). We determine the adequacy of an appellate remedy by balancing the benefits of mandamus review against the detriments. In re Essex Ins. Co., 450 S.W.3d 524, 528 (Tex. 2014) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex. 2004) (orig. proceeding). An order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy. In re Nat'l Lloyds Ins. Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).

The Court, having examined and fully considered the amended petition for writ of mandamus, the emergency motion, the response to the emergency motion, and the applicable law, is of the opinion that the relator failed to meet his burden to obtain mandamus relief. Accordingly, we DENY the petition for writ of mandamus and the emergency motion for stay.

FOOTNOTES

2.   See TEX. R. APP. P. 52.8(d) (“When granting relief, the court must hand down an opinion as in any other case,” but when “denying relief, the court may hand down an opinion but is not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

PER CURIAM