Court of Civil Appeals of Texas, 2013

in Re Milton Pate

in Re Milton Pate
Court of Civil Appeals of Texas · Decided June 7, 2013

in Re Milton Pate

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Case number: 01-13-00480-CV Style: In re Milton Pate, Relator Original Proceeding on Petition for Writ of Mandamus from Pate v. Linbeck Group, LLC et al., No. 2012-34298, in the 113th District Court of Harris County, the Hon.

Michael Landrum presiding.

On June 7, 2013, relator, Milton Pate, filed a petition for writ of mandamus and motion to stay the production of medical records. Relator’s motion for stay is granted. The Court stays the deposition of Retina Consultants Houston and the production of “documents pertaining to the diagnosis and treatment of Milton Pate’s vision during the time beginning five years prior to incident that is the subject of this litigation, to present.” The stay is effective until this mandamus proceeding is finally decided.

The Court further requests a response from the real parties in interest. Rule 9.2(b) of the Texas Rules of Appellate Procedure, the “mailbox rule,” is suspended for the filing of the response in this case; the response must be received in the clerk’s office or filed in accordance with this court’s rules on e-filing no later than Friday, June 21, 2013. See TEX. R. APP. P. 2, 9.2(b).

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown Acting individually

Date: June 7, 2013.

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