Legal Opinion

Valley Baptist Medical Center v. Gonzalez

Texas Court of Appeals, 13th District

Decided February 3, 2000No. 13-99-361-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION ON MOTION FOR REHEARING

Opinion by

Justice DORSEY.

We issue this opinion on rehearing and withdraw our prior opinion. We hold that this Court does not have jurisdiction over an appeal of a trial court’s Rule 202 order granting pre-suit discovery when the discovery is sought in anticipation of filing suit against the person from whom the discovery is sought.

FACTS

Esther Gonzales, petitioner, brought a petition to investigate potential claims against Valley Baptist Medical Center and Erwin R. Mierisch, M.D. Gonzales seeks information regarding a fetal vacuum extractor device used during the…

2Cases cited10 opinions

  1. New York Underwriters Insurance Co. v. SanchezTexas Supreme Court · 1990
  2. Office Employees International Union Local 277 v. Southwestern Drug Corp.Texas Supreme Court · 1965
  3. Gonzalez v. AvalosTexas Supreme Court · 1995
  4. Pelt v. State Board of InsuranceCourt of Appeals of Texas · 1991
  5. Warford v. Childers, Texas Court of Appeals, 7th District (Amarillo)1982

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3Cited by8 opinions

  1. Valley Baptist Medical Center v. Gonzalez Ex Rel. M.G.Texas Supreme Court · 2000
  2. Thomas v. Fitzgerald, Texas Court of Appeals, 10th District (Waco)2005
  3. In Re TexasDistrict Court, E.D. Texas · 2000
  4. In Re Hochheim Prairie Farm Mutual Insurance Ass'n, Texas Court of Appeals, 9th District (Beaumont)2003
  5. McCrary v. Kansas City Southern RailroadDistrict Court, E.D. Texas · 2000

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