Order entered December 3, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01457-CV
IN RE SOUTHPAK CONTAINER CORPORATION AND CLEVELAND STEEL
CONTAINER CORPORATION, Relators
Original Proceeding from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-11-05714-C
ORDER
In accordance with the Court’s opinion issued this date, the petition for writ of mandamus
is DENIED IN PART and conditionally GRANTED IN PART. The Court ORDERS the trial
judge, the Honorable Sally Montgomery, Judge of Dallas County Court at Law No. 3, to
(a) VACATE the portion of paragraph 1 of her “Order Granting Plaintiff’s Motion to Compel
Deposition of Robert McIntyre” that requires testimony on matters protected by the attorney-
client and work product privileges, (b) VACATE paragraph 3 of the order, and (c) ENTER an
order excluding privileged information from the scope of paragraph 1 and eliminating paragraph
3 from the topics on which Robert McIntyre may be questioned at his deposition.
Should the trial judge fail to comply with this order, the writ will issue. The Court
ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this
order, a certified copy of its order issued in compliance with this order.
We ORDER that relators recover their costs of this original proceeding from real parties
in interest.
/s/ DAVID EVANS
JUSTICE