in Re Memorial Hermann Health System D/B/A Memorial Hermann-Texas Medical Center

• Court: Court of Appeals of Texas
• Decided: December 23, 2019
• Docket: 14-19-01006-CV
• Status: Published

Opinion

Motion Granted and Order filed December 23, 2019.

In The

Fourteenth Court of Appeals ____________

NO. 14-19-01006-CV ____________

IN RE MEMORIAL HERMANN HEALTH SYSTEM D/B/A MEMORIAL HERMANN-TEXAS MEDICAL CENTER, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 55th District Court Harris County, Texas Trial Court Cause No. 2018-74199

ORDER

On December 23, 2019, relator Memorial Hermann Health System d/b/a Memorial Hermann-Texas Medical Center, filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Latosha Lewis Payne, Judge of the 55th District Court, in Harris County, Texas, to set aside her order dated November 25, 2019, overruling relator’s objections to discovery, entered in trial court number 2018-74199, styled Chaun Poole v. Billy Duggan and Jessica Duggan.

Relator has also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On December 23, 2019, relator asks this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus. Real party in interest, Chaun Poole, filed a response to the motion for temporary stay.

It appears from the facts stated in the petition and motion that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and issue the following order:

We ORDER the November 25, 2019 order overruling relator’s objections to discovery entered in trial court cause number 2018-74199, Chaun Poole v. Billy Duggan and Jessica Duggan, STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.

In addition, the court requests Poole to file a response to the petition for writ of mandamus on or before January 6, 2020. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Chief Frost and Justices Christopher and Bourliot.