BEAUMONT – The Ninth Court of Appeals today found that a trial court abused its discretion by ordering the pre-suit depositions of three individuals.
On appeal, Ashley Jeffrey, David Myers and Valerie Casanova argued that Harbor Hospice of Forth Worth and Harbor Healthcare System failed to establish that Jefferson County is the county where venue of its anticipated suit lies.
Conversely, Harbor argued it conducts a substantial part of its business operations in Jefferson County.
Harbor’s Rule 202 petition does not allege that any anticipated individual defendant resides in Jefferson County, court records show.
The Ninth Court conditionally granted mandamus relief.
“We are confident that the trial court will vacate its August 18, 2021 order granting the petition for pre-suit depositions,” the opinion states. “A writ of mandamus shall issue only if the trial court fails to comply.”
Appeal case No. 09-21-00249-CV
Trial case No. B-207889