Dan Thomas v. P. Young, B. Spitaleri and G. Wiley

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-157 CV

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DAN THOMAS, Appellant

V

P. YOUNG, B. SPITALERI, AND G. WILEY, Appellees

On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. CIV 21,468

MEMORANDUM OPINION (1)

This is a restricted appeal from the denial of a petition for deposition to perpetuate testimony. In response to our jurisdictional inquiry, the appellant contends that restricted appeal is available because he did not participate in the "trial." The appellant, Dan Thomas, also filed a brief in which he…