In re AIG Aviation (Texas), Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania--Appeal from 38th Judicial District Court of Uvalde County

MEMORANDUM OPINION
No. 04-04-00291-CV
IN RE AIG AVIATION (TEXAS), INC. and National Union Fire Insurance Company of
Pittsburgh, Pennsylvania
Original Mandamus Proceeding (1)

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: May 26, 2004

PETITION FOR WRIT OF MANDAMUS DENIED IN PART AND CONDITIONALLY GRANTED IN PART

This mandamus petition seeks relief from the trial court's oral pronouncement which compels relators, AIG Aviation (Texas), Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania (collectively "AIG"), to disclose: (1) confidential communications made between AIG and its attorney regarding the filing of a federal action against real party in interest, Holt Helicopters, Inc.; and (2) AIG's attorney's fees in this case and in a related lawsuit in federal court. Although we are of the opinion that parties should refrain from filing mandamus actions based upon a court's oral pronouncements, we consider the court's oral order in this case because the court's ruling is a clear, specific, and enforceable order that is adequately shown by the record. See In re Bledsoe, 41 S.W.3d 807, 811 (Tex. App.--Fort Worth 2001, orig. proceeding). After thoroughly reviewing the petition and real party's response, we are of the opinion that AIG's petition for writ of mandamus should be conditionally granted as to the aforementioned claims.

Texas Rule of Evidence 503 precludes discovery of confidential communications made between client and attorney. Tex. R. Evid. 503; Marathon Oil Co. v. Moye, 893 S.W.2d 585, 589 (Tex. App.--Dallas 1994, orig. proceeding). This well-settled principle applies to the communications between AIG and its attorney regarding the federal action against real party in interest. Thus, the trial court abused its discretion when it ordered relators to disclose privileged communications.

Turning to AIG's complaint concerning the disclosure of its attorney's fees, we likewise believe the trial court abused its discretion by ordering such information be disclosed. AIG's attorney's fees are "'patently irrelevant' and are not reasonably calculated to lead to the discovery of admissible evidence." MCI Telecommunications Corp. v. Crowley, 899 S.W.2d 399, 403-04 (Tex. App.--Fort Worth 1995, orig. proceeding).

Based on the foregoing, AIG's petition for writ of mandamus is conditionally granted as to the aforementioned claims. All other claims for relief not specifically addressed in this opinion are denied. A writ will be issued only if necessary to effect compliance with this opinion.

Catherine Stone, Justice

1. This proceeding arises out of Cause No. 02-12-23,349-CV, styled Holt Helicopters, Inc. v. AIG Aviation (Texas), Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, pending in the 38th Judicial District Court, Uvalde County, Texas, the Honorable Mickey Pennington presiding.