DENY; and Opinion Filed November 26, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01382-CV
IN RE GLOBAL EXPERIENCE SPECIALISTS, INC., Relator
Original Proceeding from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-12682
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Brown
In this original proceeding, relator Global Experience Specialists, Inc. complains that the
trial court granted real party in interest Freeman Expositions, LLC’s petition for Rule 202
discovery. Relator is an anticipated defendant in Freeman Expositions LLC’s contemplated
litigation. Mandamus is, therefore, the proper vehicle by which to seek the relief requested. In re
Jorden, 249 S.W.3d 416, 419 (Tex. 2008); In re Hewlett Packard, 212 S.W.3d 356, 360 (Tex.
App.—Austin 2006, orig. proceeding). To be entitled to mandamus relief, a relator must show
both that the trial court has clearly abused its discretion and that relator has no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
If the court grants Rule 202 relief, it must find that (1) allowing the petitioner to take the
requested deposition may prevent a failure or delay of justice in an anticipated suit; or (2) the likely
benefit of allowing the petitioner to take the requested deposition to investigate a potential claim
outweighs the burden or expense of the procedure. TEX. R. CIV. P. 202.4(a)(1)–(2). The finding
must be express. In re Dallas Cty. Hosp. Dist., No. 05–14–00249–CV, 2014 WL 1407415, at *2
(Tex. App.—Dallas Apr. 1, 2014, orig. proceeding) (mem. op.). The petitioner bears the burden
of producing evidence to support the necessary finding. Glassdoor, Inc. v. Andra Group, LP, 05-
16-00189-CV, 2017 WL 1149668, at *2–3 (Tex. App.—Dallas Mar. 24, 2017, no. pet. h.); In re
Campo, No. 05–13–00477–CV, 2013 WL 3929251, at *1 (Tex. App.–Dallas July 26, 2013, orig.
proceeding) (mem. op.).
Based on the record before us, we conclude relator has not shown the trial court clearly
abused its discretion. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R.
APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to
the relief sought).
/Ada Brown/
ADA BROWN
JUSTICE
181382F.P05
–2–