In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam) (presuit discovery, HCLC)
IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL; from Tarrant County; 2nd district
(02-07-00312-CV, 237 SW3d 445, 11-01-07)
stay order issued November 30, 2007, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
This case may involve potential healthcare liability claims. See Tex. Civ. Prac. & Rem. Code ch. 74.
The trial court authorized presuit depositions pursuant to Texas Rule of Civil Procedure 202. The
court of appeals denied mandamus relief. 237 S.W.3d 445. Without hearing oral argument, see
Texas Rule of Appellate Procedure 52.8(c), we conditionally grant the writ of mandamus, and direct
the court of appeals to withdraw its previous opinion and reconsider relators’ petition in light of In re
Jorden, 249 S.W.3d 416 (Tex. 2008). We are confident the court will comply with our directive, and
the writ will issue only if the court fails to do so.
OPINION DELIVERED: August 29, 2008