IN RE WEEKLEY HOMES, L.P.

No. 08-0836.

295 S.W.3d 309 (2009)

In re WEEKLEY HOMES, L.P., Relator.

Supreme Court of Texas.

Decided August 28, 2009.


Attorney(s) appearing for the Case

Craig T. Enoch, Winstead PC, Austin, TX, Joel Wilson Reese, Winstead PC, Dallas, TX, David Fowler Johnson, Winstead PC, Fort Worth, TX, for Relator.

Christopher H. Rentzel, Robert Marvin Castle III, Bracewell & Guiliani, Dallas, TX, for Real Party in Interest.


Justice O'NEILL delivered the opinion of the Court.

In this mandamus proceeding, we must decide whether the trial court abused its discretion by ordering four of the defendant's employees to turn over their computer hard drives to forensic experts for imaging, copying, and searching for deleted emails. Because the plaintiff failed to demonstrate the particular characteristics of the electronic storage devices involved, the familiarity of its experts with those characteristics...

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