In Re: Lyle D. Weeks, M. D.--Appeal from 327th District Court of El Paso County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: LYLE D. WEEKS, M.D.,
Relator.
No. 08-06-00061-CV
AN ORIGINAL PROCEEDING
IN MANDAMUS
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
This is an original proceeding in mandamus. Relator, Lyle D. Weeks, M.D., seeks a writ of mandamus requiring the Honorable Linda Chew, Judge of the 327th District Court of El Paso County, to vacate or set aside an order permitting a pre-suit deposition of Relator. We granted Relator s motion for emergency relief and stayed the trial court s order. Because the Plaintiff/Real Party in Interest has since filed a medical malpractice suit against Relator, the Real Party in Interest is precluded by statute from taking Relator s deposition until after she has served the expert report and curriculum vitae required by Section 74.351(a). See Tex. Civ. Prac. & Rem. Code Ann. 74.351(a), (s) (Vernon Supp. 2005). Accordingly, Relator s petition for mandamus relief has become moot and it is therefore denied.
RICHARD BARAJAS, Chief Justice
April 27, 2006
Before Barajas, C.J., McClure, and Chew, JJ.
Chew, J., not participating
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