IN RE LIVING CENTERS OF TEXAS, INC.

No. 04-0176.

175 S.W.3d 253 (2005)

In re LIVING CENTERS OF TEXAS, INC., d/b/a Wharton Manor, Relator.

Supreme Court of Texas.

Decided October 14, 2005.


Attorney(s) appearing for the Case

Brandon David Mosley, Thomas C. Cowan and Tammy Savidge-Moore, Preston & Cowan, LLP, Houston, TX, for relator.

Bernard Klimist and Robert K. Piwetz, Law Office of Bernard T. Klimist, TX, Mark Anthony Davis, Law Office of Mark A. Davis, Vicotria, TX, for real party in interest.

Joanne Summerhays, Clark, Thomas, Winters & Newton, Austin, TX, for Amicus Curiae Health Care Association.

Kevin H. Dubose, Alexander Dubose Jones & Townsend LLP, Houston, TX, for Amicus Curiae Brenda and Gerald Jeffcoat.


Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA and Justice JOHNSON joined.

In this original mandamus proceeding, the relator Living Centers challenges the trial court's order to produce documents Living Centers argues are privileged. We hold the trial court abused its discretion when it determined that all documents were discoverable on the basis...

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