Opinion
04-24-00321-CV
06-05-2024
Arthur R. HOLLOWAY, Jr., Appellant v. Rhonda HACKETT, Jahari Bean, Roland Fierre, Jamari Holloway, Terrance Simmons, Frank Stengel, F/N/U Dabarus, F/N/U Tadonna, Appellees
From the 218th Judicial District Court, Karnes County, Texas Trial Court No. 23-09-00164-CVK Honorable Russell Wilson, Judge Presiding
ORDER
Irene Rios, Justice
On March 15, 2024, appellant filed a notice of appeal from the trial court's order denying appellant's petition to take pre-suit depositions under Texas Rule of Civil Procedure 202. "Presuit deposition orders are appealable only if sought from someone against whom suit is not anticipated; when sought from an anticipated defendant . . . such orders have been considered ancillary to the subsequent suit, and thus neither final nor appealable." In re Jorden, 249 S.W.3d 416, 419 (Tex. 2008).
Appellant's trial court petition identified the individuals he wished to depose as: (1) Rhonda Hackett; (2) Jahari Bean; (3) Roland Fierre; (4) Jamari Holloway; (5) Terrance Simmons; (6) Frank Stengel; (7) "Captain Mr. F/N/U Dabarus"; and (8) "Pill Nurse Mrs. F/N/U Tadonna." It is unclear from our review of appellant's petition whether he anticipates filing suit against some, all, or none of these individuals. See id.; see also In re Mora, No. 04-13-00036-CV, 2013 WL 988183, at *1 (Tex. App.-San Antonio Mar. 13, 2013, no pet.) (per curiam) (mem. op.). Accordingly, we ORDER appellant to provide written proof to this court by June 20, 2024 that he does not anticipate filing suit against the eight individuals listed above. If appellant fails to file the written proof required by this order, we will dismiss this appeal for lack of jurisdiction. See In re Mora, 2013 WL 988183, at *1.