We are confident the trial court will act in accordance with this opinion. The writ of mandamus shall issue only if the trial court fails to do so. 1 . Although Brotherton is a plurality opinion, its test for anticipation of litigation has been cited and relied on by subsequent decisions of the Texas Supreme Court, as well as our court. See, e.g., Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9, 20 (Tex. 2014); Wal-Mari Stores, Inc. v. Johnson, 106 S.W.3d 718, 722 (Tex. 2003); Trevino v. Ortega, 969 S.W.2d 950, 956 (Tex. 1998); Pittsburgh Corning Corp. v. Caldwell, 861 S.W.2d 423, 425 (Tex. App.-Houston [14th Dist.] 1993, no writ). 2 . See, e.g., In re Christus Health Se. Texas, No. 09-06-515 CV, 2007 WL 117727, at *2 (Tex. App.-Beaumont Jan. 18, 2007, no pet.) (per curiam) (mem. op.) (<HOLDING>); In re Jourdanton Hosp. Corp., No.
holding opinion work product to be absolutely protected holding declaration or affidavit must support work product claim for documents listed solely as work product on privilege log holding that investigative report regarding potential premises liability claim was protected work product holding that defendants use of investigative report to refresh witnesss recollection waived defendants work product privilege as to that part of the report that related to the testimony offered holding that investigative report into police chiefs conduct was protected as private personnel data