in Re INVISTA S.A.R.L.

• Court: Court of Appeals of Texas
• Decided: September 11, 2018
• Docket: 09-18-00351-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00351-CV ____________________

IN RE INVISTA S.A.R.L.

_______________________________________________________ ______________

On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-201,939 ________________________________________________________ _____________

ORDER

INVISTA S.à.r.l. filed a petition for writ of mandamus. The relator is a

respondent in a Rule 202 proceeding in Cause Number D-201939, Jacqulyn

McDonald, Individually and as Representative of the Estate of David Lee McDonald

v. INVISTA S.à.r.l. d/b/a INVISTA S.à.r.l., LLC, et al. Relator seeks a writ

compelling the Honorable Baylor Wortham, Judge of the 136th District Court, to

vacate its order requiring relator to produce a witness for deposition and subpoena

duces tecum. We note our jurisdiction over this matter and the parties. See Tex.

Gov’t Code Ann. § 22.221 (West Supp. 2017).

1 Relator requests that the deposition be stayed as temporary relief. See Tex. R.

App. P. 52.10(a). The Court finds temporary relief is necessary to prevent undue

prejudice. It is ORDERED that the deposition and subpoena duces tecum of the

representative of INVISTA S.à.r.l. is STAYED until our Opinion issues or until

further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of

the relator as a condition to any relief herein granted.

The response of the real party in interest, Jacqulyn McDonald, is due

September 21, 2018.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED September 11, 2018.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.