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In re Click

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Dec 11, 2013
NUMBER 13-13-00682-CV (Tex. App. Dec. 11, 2013)

Opinion

NUMBER 13-13-00682-CV

12-11-2013

IN RE LEO G. CLICK JR.


On Petition for Writ of Mandamus

and Motion for Temporary Relief and Stay.


ORDER


Before Justices Rodriguez, Garza, and Perkes

Per Curiam Order

On December 10, 2013, relator, Leo G. Click Jr., filed a petition for writ of mandamus and a motion for temporary relief and stay. Through the petition and motion, relator seeks relief from a discovery order requiring him to provide the opposing parties with a hair sample pursuant to Texas Rule of Civil Procedure 204. See TEX. R. CIV. P. 204 (establishing the requirements for obtaining discovery in the form of physical or mental examinations). The Court, having examined and fully considered the motion for temporary relief and stay, is of the opinion that the motion should be granted. Accordingly, we grant the motion for temporary relief and stay the trial court's order of November 25, 2013, and any subsequent written order that would require the production of a hair sample. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.").

This Court requests that the real parties in interest, Carlos H. Lowenberg Jr., individually and as independent executor to the estate of Nicole K. Lowenberg and as next friend of Nicholas A. Lowenberg and Carlos H. Lowenberg, III, minors, file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See id. R. 52.4, 52.87.

IT IS SO ORDERED.

PER CURIAM


Summaries of

In re Click

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Dec 11, 2013
NUMBER 13-13-00682-CV (Tex. App. Dec. 11, 2013)
Case details for

In re Click

Case Details

Full title:IN RE LEO G. CLICK JR.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Dec 11, 2013

Citations

NUMBER 13-13-00682-CV (Tex. App. Dec. 11, 2013)