NUMBER 13-21-00215-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE GUSTAVO RAMIREZ
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Silva
Order Per Curiam
Relator Gustavo Ramirez has filed a petition for writ of mandamus and a motion
for stay pending mandamus in the above-referenced cause. Through this original
proceeding, relator seeks to compel the trial court to vacate its order of July 2, 2021,
compelling relator to appear for a presuit deposition pursuant to Texas Rule of Civil
Procedure 202. 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 id. R. 52.2, 52.4, 52.8.
PER CURIAM
Delivered and filed on the
13th day of July, 2021.
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