NUMBER 13-21-00206-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE RENE ESTRADA
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Silva
Order Per Curiam
By petition for writ of mandamus, relator Rene Estrada seeks to compel the trial
court to set aside an order requiring him to submit to a Rule 202 presuit deposition on or
before July 7, 2021. See TEX. R. CIV. P. 202 (governing depositions before suit or to
investigate claims). By motion for stay pending mandamus, relator seeks to stay the trial
court’s order pending resolution of this original proceeding.
The Court, having examined and fully considered the motion for stay pending
mandamus, is of the opinion that the motion should be granted. Accordingly, we grant the
relator’s motion for stay pending mandamus, and we order the presuit deposition to be
stayed pending resolution of this original proceeding. See TEX. R. APP. P. 52.10(b)
(“Unless vacated or modified, an order granting temporary relief is effective until the case
is finally decided.”).
The Court requests that the real parties in interest, Ambrose Hernandez, Legacy
Home Health Agency, Inc., and Legacy Home Care Services, Inc. d/b/a All Seasons
Home Care, Inc., or any others whose interest would be directly affected by the relief
sought, file a response to the petition for writ of mandamus on or before the expiration of
ten days from the date of this order. See TEX. R. APP. P. 52.2, 52.4, 52.8.
PER CURIAM
Delivered and filed on the
1st day of July, 2021.
2
in Re Rene Estrada
Combined Opinion