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In re Hernandez

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 6, 2021
No. 13-21-00244-CV (Tex. App. Aug. 6, 2021)

Opinion

13-21-00244-CV

08-06-2021

IN RE SYLVIA HERNANDEZ


On Petition for Writ of Mandamus.

Before Chief Justice Contreras and Justices Benavides and Silva

ORDER

PER CURIAM

Relator Sylvia Hernandez has filed a petition for writ of mandamus and a motion for stay pending mandamus in the above-referenced cause. Through this original proceeding, relator seeks to compel the trial court to vacate its order of July 27, 2021, compelling relator to appear for a presuit deposition pursuant to Texas Rule of Civil Procedure 202. See Tex. R. Civ. P. 202 (governing depositions before suit or to investigate claims). By motion for stay pending mandamus, relator seeks to stay the trial court's order pending resolution of this original proceeding.

The Court, having examined and fully considered the motion for stay pending mandamus, is of the opinion that the motion should be granted. Accordingly, we grant the relator's motion for stay pending mandamus, and we order the presuit deposition to be stayed pending resolution of this original proceeding. 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.").

The Court requests that the real parties in interest, Ambrose Hernandez; Legacy Home Health Agency, Inc.; Legacy Home Care Services Inc. d/b/a All Seasons Home Care, Inc.; and Restorative Health Services LLC d/b/a Coastal Home Care, or any others whose interest would be directly affected by the relief sought, 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. 52.2, 52.4, 52.8.


Summaries of

In re Hernandez

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 6, 2021
No. 13-21-00244-CV (Tex. App. Aug. 6, 2021)
Case details for

In re Hernandez

Case Details

Full title:IN RE SYLVIA HERNANDEZ

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Aug 6, 2021

Citations

No. 13-21-00244-CV (Tex. App. Aug. 6, 2021)