Denied and Opinion Filed October 26, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01263-CV
IN RE CYRIL PATRICK FERNANDEZ, Relator
Original Proceeding from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-04314-2016
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court is relator’s October 25, 2016 petition for writ of mandamus in which he
seeks relief from an amended temporary restraining order that expires October 26, 2016 and
from an order compelling production of documents containing confidential information and
compelling relator to turn over electronic devices that could contain confidential information and
trade secrets related to the real party in interest Applied Materials, Inc. The facts and issues are
well known to the parties, so we need not recount them herein.
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). Based on the record before us, we
conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we
DENY relator’s petition for writ of mandamus.
161263F.P05
/Craig Stoddart/
CRAIG STODDART
JUSTICE
–2–
in Re: Cyril Patrick Fernandez
Combined Opinion