Dismissed and Memorandum Opinion filed April 8, 2010.
In The
Fourteenth Court of Appeals
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NO. 14-10-00118-CV
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GARLAND D. ANDERSON, M.D., RANDALL J. URBAN, M.D.,
BILLY U. PHILIPS, Ph.D., VICENTE A RESTO, M.D., HENRY F. EPSTEIN, M.D., DAVID H. WALKER, M.D., COURTNEY M. TOWNSEND, JR., M.D., ROBERT M. HIRSCHFELD, M.D., and THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, Appellants
V.
DAVID BESSMAN, M.D., HARI DAYAL, Ph.D., S. DAVID HUDNALL, M.D., GOLDA ANN KEVETER LEONARD, Ph.D., GREGG T. NAGLE, Ph.D., WILLIAM H. NEALON, M.D., BRIAN PEERCE, Ph.D., NANCY K. WILLS, Ph.D., and CHARLES E. HOLZER III, Ph.D., Appellees
On Appeal from the County Court at Law No. 2
Galveston County, Texas
Trial Court Cause No. 61,879
M E M O R A N D U M O P I N I O N
This is an attempted appeal from two interlocutory orders on appellees’ motion to take depositions to investigate a potential suit pursuant to Texas Rule of Civil Procedure 202. The order signed January 7, 2010, authorized the taking of the depositions, and the order signed January 13, 2010, denied appellants’ motion to quash and for protective order. On March 9, 2010, appellees filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3. Appellees also requested that this court assess damages for a frivolous appeal pursuant to Texas Rule of Appellate Procedure 45.
On March 22, 2010, appellants filed a response to appellees’ motion in which they agreed that we lack jurisdiction over the appeal. Appellants joined the request for dismissal of the appeal so that they may file a petition for writ of mandamus. Appellants also objected to the request for Rule 45 damages.
We deny appellees’ request for Rule 45 damages. We grant the motion to dismiss the appeal.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.