In Re: David Edward Saucedo, II and Mariana Terrazas Saucedo, Individually and on Behalf of I. S., a Minor Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 24, 2023
• Docket: 08-22-00089-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ IN RE: No. 08-22-00089-CV § DAVID EDWARD SAUCEDO II and AN ORIGINAL PROCEEDING MARIANA TERRAZAS SAUCEDO, § Individually and on Behalf of I.S., a Minor IN MANDAMUS Child, § Relators. §

JUDGMENT

The Court has considered this cause on the record and concludes there was error in the

Privilege Order of the trial court to a certain extent; but otherwise, as to all remaining parts, no

error was shown. We conditionally grant mandamus relief in part to the extent we determine the

Privilege Order includes certain overly broad language. As to the penultimate paragraph of the

Privilege Order, we direct the trial court to solely withdraw the phrase stating: “and the information

is not subject to subpoena or discovery and is not admissible as evidence in this civil judicial

proceeding, as stated in § 160.007(e) of the Texas Occupations Code.” Once that phrase is

withdrawn, we further direct the trial court to insert the following in its place: “Plaintiffs are not

prohibited from discovering or potentially admitting into evidence information which is sought

from or has been obtained from alternative sources—but any such information remains subject to

further objection by any party—where the information is not related to a medical peer review committee, or other such body, or otherwise afforded protection under § 160.007(e) of the Texas

Occupations Code.” Lastly, we direct the trial court to sign the Privilege Order, as modified. As to

all other extents, we deny mandamus relief against that order. We deny mandamus relief in its

entirety as to Relator’s complaints against the Amended Redaction Order.

IT IS SO ORDERED THIS 24TH DAY OF APRIL, 2023.

GINA M. PALAFOX, Justice

Before Rodriguez, C.J., Palafox, and Soto, JJ.