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In re Living Centers of Texas10/14/2005
documents, if furnished, are privileged; and (4) whether Living Centers, by failing to produce all documents for in camera inspection, failed to satisfy its burden to prove privilege. See TEX. R. CIV. P. 193.4; In re Dupont De Nemours, 136 S.W.3d at 223 (the burden to prove documents are privileged remains on the party asserting the privilege).
We conclude Living Centers is entitled to mandamus relief because the trial court abused its discretion by using only superficial indicators to deny Living Centers's privilege claim as to nearly all the documents at issue. We direct the trial court to vacate its discovery order of December 15, 2003, with respect to the requests for production and determine whether, upon further examination, any documents withheld by Living Centers may be privileged. We are confident the trial court will promptly comply. Our writ will issue only if it does not.
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