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in Re Juan Servantez and Happy Trash, LLC, Relators
Citation: Not availableDocket: 07-21-00153-CV
Court: Court of Appeals of Texas; January 11, 2022; Texas; State Appellate Court
Original Court Document: View Document
Relators Juan Servantez and Happy Trash, LLC sought mandamus relief from the trial court's order denying their motion for an independent medical examination of plaintiff Reagan Olivo in a personal injury lawsuit stemming from a motor vehicle accident. Olivo claimed severe injuries from the collision and designated her treating physician as an expert witness. After Oliva's deposition, relators requested an examination by Dr. Warren Neely, a neurosurgeon, offering to pay for Olivo’s travel to San Antonio for the exam. Olivo objected to the examiner and the location, asserting that relators did not meet the burden for such an examination. The trial court denied the motion on March 4, 2021. Following a motion for reconsideration and a hearing, relators filed a writ of mandamus on July 6, seeking to compel the trial court to allow the examination. While the mandamus was pending, the trial court granted relators’ motion for reconsideration on September 8, allowing the independent medical examination to occur in Lubbock instead of San Antonio. This new order superseded the original March 4 order, making the mandamus petition moot. As the petition only addressed the March 4 order, the Court of Appeals denied the writ as moot, confirming that the original issue was no longer relevant due to the subsequent ruling.