Opinion
No. 04-08-00361-CV
Delivered and Filed: June 5, 2008.
This proceeding arises out of Cause No. 03-271-CCL, styled Tracy Ann Shue v. USAA Life InsuranceCompany, et al., pending in the County Court at Law, Kendall County, Texas, the Honorable Bill R. Palmer presiding.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
PETITION FOR WRITS OF MANDAMUS AND PROHIBITION DENIED
Relator Bruce Curry, Kendall County District Attorney, has filed a petition requesting the issuance of writs of mandamus and prohibition against the Honorable Bill R. Palmer, Judge of the County Court at Law for Kendall County. After considering relator's petition, the record, and the response of the real party in interest, we are of the opinion relator has not shown himself entitled to the relief sought. See In re 5 Byrd Enterprises, Inc., 980 S.W.2d 542, 543 (Tex.App.-Beaumont 1998, orig. proceeding) (recognizing that "grand jury testimony can be discovered in a civil suit if a particularized need is shown"); Euresti v. Valdez, 769 S.W.2d 575, 579 (Tex.App.-Corpus Christi 1989, orig. proceeding) (concluding the trial court did not abuse its discretion in ordering production of grand jury materials to civil litigants on a showing of particularized need). The petition is therefore denied. See TEX. R. APP. P. 52.8(a).