Legal Opinion
Thomas v. Fitzgerald
Texas Court of Appeals, 10th District (Waco)
Decided April 6, 2005No. 10-03-00195-CVPublishedCited by 40 opinions
1Opinion of the Court
OPINION
2Per curiam
Dan Thomas appeals the trial court’s dismissal of his petition for deposition to perpetuate testimony. Because the underlying order is interlocutory and because this appeal is not authorized by statute, we will dismiss the appeal.
Rule of Civil Procedure 202.1 permits the taking of depositions to perpetuate a person’s testimony “for use in an anticipated suit” or “to investigate a potential claim or suit.” A person obtains such a deposition by filing a petition with a proper court. See TexR. Civ. P. 202.1, 202.2. The court’s ruling on the petition constitutes a final, appealable order…
3Cases cited6 opinions
- Stary v. DeBordTexas Supreme Court · 1998
- Valley Baptist Medical Center v. Gonzalez Ex Rel. M.G.Texas Supreme Court · 2000
- Ross Stores, Inc. v. Redken Laboratories, Inc.Texas Supreme Court · 1991
- Dallas Joint Stock Land Bank v. RawlinsCourt of Appeals of Texas · 1939
- Jacintoport Corp. v. Almanza, Texas Court of Appeals, 14th District (Houston)1999
1 more not listed; retrieve them via the Exa API.
4Cited by40 opinions
- IFS Security Group, Inc. v. American Equity Insurance Co., Texas Court of Appeals, 5th District (Dallas)2005
- In Re Allan, Texas Court of Appeals, 12th District (Tyler)2006
- In Re Alexander, Texas Court of Appeals, 1st District (Houston)2008
- in Re Russell Jay Reger, Texas Court of Appeals, 7th District (Amarillo)2006
- Carl H. Watson v. Magnablend, Inc., Collider Data Center, L.L.C., and Ellis County, Texas, Texas Court of Appeals, 10th District (Waco)2013
35 more not listed; retrieve them via the Exa API.