Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas conditionally granted a petition for writ of mandamus filed by PRG Dallas, ASC, L.P. on June 29, 2018. The court directed the trial court to quash the deposition of Daniel Chambers until a party seeking the deposition serves a Chapter 74 expert report. The trial court must issue a written order to this effect within 21 days and file a certified copy of the order with the appellate court within 30 days. If the trial court does not comply, the writ will be issued. Additionally, the real parties in interest—Anne Looney, Jerry Shipley, and Professional Compounding Centers of America—are ordered to bear the costs of the proceeding.
Legal Issues Addressed
Assignment of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The real parties in interest are ordered to bear the costs associated with the appellate proceeding.
Reasoning: Additionally, the real parties in interest—Anne Looney, Jerry Shipley, and Professional Compounding Centers of America—are ordered to bear the costs of the proceeding.
Mandamus Relief in Civil Litigationsubscribe to see similar legal issues
Application: The Court of Appeals conditionally granted mandamus relief, directing the trial court to take specific actions regarding the deposition process.
Reasoning: The Court of Appeals for the Fifth District of Texas conditionally granted a petition for writ of mandamus filed by PRG Dallas, ASC, L.P. on June 29, 2018.
Requirements for Deposition in Medical Malpractice Casessubscribe to see similar legal issues
Application: The court directed that a deposition cannot proceed until an expert report is served, as required under Chapter 74.
Reasoning: The court directed the trial court to quash the deposition of Daniel Chambers until a party seeking the deposition serves a Chapter 74 expert report.
Trial Court Compliance with Appellate Court Directivessubscribe to see similar legal issues
Application: The trial court is mandated to issue a written order within a specified timeframe and submit a certified copy to the appellate court, failing which the writ will be issued.
Reasoning: The trial court must issue a written order to this effect within 21 days and file a certified copy of the order with the appellate court within 30 days.