Newman Oil Co. v. Alkek

GUITTARD, Chief Justice.

Appellants, plaintiffs in the trial court, have appealed from an order sustaining a plea of privilege. They now move to reverse and remand on the ground that after they perfected the appeal, appellees waived their plea of privilege by serving a notice to take a series of depositions. We overrule the motion on the ground that Rule 88, Tex.R.Civ.P., expressly provides: “Issuing process for witnesses and taking depositions shall not constitute a waiver of a plea of privilege . . .

Appellants contend that this rule applies only to depositions taken for the purpose of…