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GOODSPEED v. STREET

No. 2-88-048-CV.

747 S.W.2d 526 (1988)

Leslie Guinty GOODSPEED, Relator, v. Honorable John STREET, Judge, 352nd District Court, Respondent.

Court of Appeals of Texas, Fort Worth.

March 17, 1988.

Attorney(s) appearing for the Case

Stradley, Barnett & Stein, P.C., and William J. Stradley, Houston, for relator.

Cantey, Hanger, Gooch, Munn & Collins, and John F. Gray and Nancy J. Anglin, Fort Worth, for Northeast Community Hosp.

Christine E. Holland and Larry Hayes, Fort Worth, for Fort Worth Osteopathic Hosp., Inc. and Fort Worth Osteopathic Medical Center.

Before BURDOCK, JOE SPURLOCK, II and KELTNER, JJ.

OPINION

KELTNER, Justice.

The issue in this original mandamus proceeding is whether the trial court abused its discretion in withholding certain documents from discovery, as privileged, without hearing any proof to support the privilege.

We hold that the trial court did abuse its discretion in not allowing the parties to present evidence regarding applicability of the privileges contained in TEX.REV.CIV...

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