Opinion
04-24-00022-CV
08-06-2024
IN RE John Kampmann MEYER
This proceeding arises in connection with cause number 2022-CI-02809, pending in the 73rd District Court of Bexar County, Texas, the Honorable Nadine Melissa Nieto, presiding.
Opinion to follow.
PER CURIAM.
On January 10, 2024, relator filed a petition for a writ of mandamus and a motion for emergency relief, asserting the trial court abused its discretion when it granted real party in interest's motion to exclude and strike the testimony of relator's expert witness, Dr. Brian Sullivan.
On January 12, 2024, we granted relator's motion for emergency relief and stayed proceedings in the underlying matter.
After considering the mandamus petition and record, real party in interest's response, and relator's reply, we conclude the trial court abused its discretion by striking the testimony of Dr. Sullivan. Therefore, we conditionally grant the writ of mandamus and direct the trial court to vacate its January 5, 2024 order granting real party in interest's motion to exclude and strike the testimony of Dr. Sullivan. The writ will issue only if the trial court fails to vacate this order within fifteen days from the date of our opinion and order. The stay imposed on January 12, 2024 is lifted.
It is so ORDERED.