Legal Opinion

In Re Allan

Texas Court of Appeals, 12th District (Tyler)

Decided April 27, 2006No. 12-06-00040-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

JAMES T. WORTHEN, Chief Justice.

In this original mandamus proceeding, Christopher Allan, M.D. complains of the trial court’s order denying his petition to take depositions pursuant to Texas Rule of Civil Procedure 202. 1 The issue in this proceeding is whether Texas Civil Practice and Remedies Code subsection 74.351(s) prohibits presuit depositions under Rule 202. This issue is one of first impression. We conditionally grant the requested relief.

Background

Christopher Allan, M.D. filed a petition for depositions pursuant to Texas Rule of Civil Procedure 202 to investigate a potential…

2Cases cited14 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Laidlaw Waste Systems (Dallas), Inc. v. City of WilmerTexas Supreme Court · 1995
  4. McIntyre v. RamirezTexas Supreme Court · 2003
  5. In Re CanalesTexas Supreme Court · 2001

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re Raja, Texas Court of Appeals, 11th District (Eastland)2006
  2. In Re KiberuCourt of Appeals of Texas · 2007
  3. In Re Memorial Hermann Hospital System, Texas Court of Appeals, 14th District (Houston)2006
  4. In Re Temple, Texas Court of Appeals, 6th District (Texarkana)2007
  5. In Re Clapp, Texas Court of Appeals, 5th District (Dallas)2007

11 more not listed; retrieve them via the Exa API.

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