Opinion
05-24-00195-CV
03-11-2024
IN RE DR. VIOLETTA LOZOVYY, M.D. AND HIGH RISK PREGNANCY DOCTORS PLLC, Relators
Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-14387
Before Chief Justice Burns, Justice Molberg, and Justice Breedlove
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Based on the Court's opinion of this date, we CONDITIONALLY GRANT relators' petition for writ of mandamus. We ORDER the trial judge to either (1) take judicial notice of its docketing conditions, waive the 21-day notice requirement under TCPA section 27.003(d), allow if necessary real party in interest to file a response less than seven days before the hearing under TCPA section 27.003(e), and set relators' TCPA dismissal motion for hearing on or before Thursday, March 14, 2024, or (2) allow specified and limited discovery under TCPA section 27.006(b) and set relators' TCPA dismissal motion for hearing on or before Monday, April 15, 2024.
We further ORDER the trial judge to file with this Court within two (2) days of the date of this order a certified copy of its order setting relators' TCPA motion to dismiss for hearing no later than March 14, 2024, or April 15, 2024, as applicable, and otherwise complying with this order. Should the trial judge fail to comply with this order, the writ will issue.
We also LIFT the stay issued by this Court's February 23, 2024 Order.