Sal Maresca, Relators v. William Marks, Respondents

Summary

The Texas Supreme Court held that the trial judge abused his discretion by ordering the production of the relators' entire federal income tax returns without separating relevant from irrelevant material, but declined to issue a writ of mandamus, leaving the order in abeyance pending a revised order. Justice Smith and Justice Walker each dissented, arguing that the court lacks authority to compel a trial judge's discretionary choices and that the order should be modified rather than voided.