Opinion
11-23-00254-CV
11-08-2023
IN RE DR. VICTOR L. LEE AND LEE ORTHODONTICS, PLLC
Original Mandamus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
Relators Dr. Victor L. Lee and Lee Orthodontics, PLLC have filed an opposed motion to stay in conjunction with their original mandamus proceeding. The motion relates to an order signed on October 30, 2023, by the 42nd District Court of Taylor County in Cause No. 50120-A. In the order, the Honorable James Eidson indicated that the claims asserted by Lee Orthodontics would be summarily dismissed unless Dr. Lee files a written election waiving his Fifth Amendment privilege against self-incrimination.
Among other things, Relators' petition for mandamus asserts that the trial court abused its discretion when it ruled that Dr. Lee must waive his Fifth Amendment rights in order for Lee Orthodontics to proceed with its claims. The trial court's order states that Dr. Lee must notify the court regarding his election to waive such rights within fourteen days. In their motion, Relators ask for a stay of the trial court's order so that Dr. Lee will not be required to make an election prior to the resolution of their petition for mandamus. Pursuant to Tex.R.App.P. 52.10(b), this court grants Relators' motion to stay the trial court's order. The trial court's October 30, 2023 order is temporarily stayed pending further order of this court or final disposition of this mandamus proceeding.