Joyce Barnes, Relator v. the Honorable John Whittington, Judge, Respondents

Summary

The Texas Supreme Court held that the trial court abused its discretion by finding the hospital documents privileged, and therefore ordered the documents to be produced. The Court reasoned that Midway Park failed to meet its burden of showing the records were generated for committee purposes, and the affidavits were improperly filed ex parte. A concurring opinion agreed with the result but criticized the majority's privilege test. Justice Phillips, concurring, joined by Justices Gonzalez and Culver, expressed the same conclusion.