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Keeter v. Gately

TENTH COURT OF APPEALS
Aug 23, 2012
No. 10-11-00456-CV (Tex. App. Aug. 23, 2012)

Opinion

No. 10-11-00456-CV

08-23-2012

JACKIE RUSSELL KEETER, Appellant v. SANDY GATELY, Appellee


From the 52nd District Court

Coryell County, Texas

Trial Court No. COT-11-40758


MEMORANDUM OPINION

Jackie Russell Keeter appeals from the trial court's denial of his "Petition to Take Deposition to Investigate Potential Claim." See TEX. R. CIV. P. 202. In his brief filed on May 18, 2012, Keeter admitted that he was "well aware, that the denial of the taking of a deposition, is enforceable by mandamus only."

By letter dated July 20, 2012, the Clerk of this Court notified Keeter that pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, this case was subject to dismissal because it appeared the order which was the subject of the appeal was interlocutory and not appealable. See I n re Jorden, 249 S.W.3d 416, 419 (Tex. 2008) ("Presuit deposition orders are appealable only if sought from someone against whom suit is not anticipated; when sought from an anticipated defendant (as here), such orders have been considered ancillary to the subsequent suit, and thus neither final nor appealable."). The Clerk further warned Keeter that the Court would dismiss this appeal unless, within 21 days from the date of the letter, a response was filed showing grounds for continuing the appeal. More than 21 days have passed and no response has been received.

This appeal is dismissed. TEX. R. APP. P. 42.3(a); 44.3.

TOM GRAY

Chief Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Appeal dismissed
Opinion delivered and filed August 23, 2012
[CV06]


Summaries of

Keeter v. Gately

TENTH COURT OF APPEALS
Aug 23, 2012
No. 10-11-00456-CV (Tex. App. Aug. 23, 2012)
Case details for

Keeter v. Gately

Case Details

Full title:JACKIE RUSSELL KEETER, Appellant v. SANDY GATELY, Appellee

Court:TENTH COURT OF APPEALS

Date published: Aug 23, 2012

Citations

No. 10-11-00456-CV (Tex. App. Aug. 23, 2012)