Texas Supreme Court
In Re Hal G. Kuntz
December 19, 200347 Tex. Sup. Ct. J. 168
Summary
The Texas Supreme Court granted a writ of mandamus, vacating the trial court's order that Hal G. Kuntz produce letters of recommendation, holding that his mere access to the documents did not constitute possession, custody, or control under Texas Rule of Civil Procedure 192.7(b). The Court also found mandamus appropriate because the trial court's error was a legal one and there was no adequate remedy on appeal. Justice HECHT and Justice WAINWRIGHT each filed concurring opinions, the former adding that the documents were privileged trade secrets and the latter affirming the majority reasoning.