in Re C.A., Individually and as Next Friend of M.D.A., a Minor Child, and as Next Friend of D.T.A., an Incapacitated Adult And M.A., Individually

CourtCourt of Appeals of Texas
DecidedJuly 1, 2021
Docket02-21-00018-CV
StatusPublished

This text of in Re C.A., Individually and as Next Friend of M.D.A., a Minor Child, and as Next Friend of D.T.A., an Incapacitated Adult And M.A., Individually (in Re C.A., Individually and as Next Friend of M.D.A., a Minor Child, and as Next Friend of D.T.A., an Incapacitated Adult And M.A., Individually) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re C.A., Individually and as Next Friend of M.D.A., a Minor Child, and as Next Friend of D.T.A., an Incapacitated Adult And M.A., Individually, (Tex. Ct. App. 2021).

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-21-00018-CV

IN RE C.A., INDIVIDUALLY AND AS § Original Proceeding NEXT FRIEND OF M.D.A., A MINOR CHILD, AND AS NEXT FRIEND OF § 67th District Court of Tarrant County, D.T.A., AN INCAPACITATED ADULT; Texas AND M.A., INDIVIDUALLY, Relators § Trial Court No. 067-309719-19

§ July 1, 2021

§ Memorandum Opinion by Justice Birdwell

JUDGMENT

This court has considered relators’ petition for writ of mandamus and holds

that the petition should be conditionally granted. Accordingly, we conditionally grant

the writ of mandamus, and we direct the trial court to vacate its January 15, 2021

order compelling D.T.A. to appear for deposition and quash the deposition until it

conducts a competency examination of D.T.A.

It is further ordered that real parties in interest Don Davis Auto Group, Inc.

d/b/a and f/k/a Don Davis Toyota and Don Davis, Inc. d/b/a and f/k/a Don Davis Toyota shall pay all of the costs of this proceeding, for which let execution

issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell Justice Wade Birdwell

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in Re C.A., Individually and as Next Friend of M.D.A., a Minor Child, and as Next Friend of D.T.A., an Incapacitated Adult And M.A., Individually, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ca-individually-and-as-next-friend-of-mda-a-minor-child-and-texapp-2021.