IN RE MILLER

No. 09-04-071 CV.

133 S.W.3d 816 (2004)

In re Barry R. MILLER.

Court of Appeals of Texas, Beaumont.

Decided April 8, 2004.


Attorney(s) appearing for the Case

R. Brent Cooper, Diana L. Faust, John Wesley Raley, Lanette Lutich Matthews, Cooper & Scully, P.C., Dallas, for appellant.

Ethan L. Shaw, Moore Landrey, LLP, Beaumont, for appellee.

Before McKEITHEN, C.J., BURGESS and DAVID B. GAULTNEY, JJ.


OPINION

DAVID B. GAULTNEY, Justice.

In this mandamus proceeding, the issue is whether the stay of discovery provision of the recently enacted Texas Medical Liability Act1 bars a plaintiff from taking the oral deposition of a defendant physician prior to the required expert report. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351(s), (u) (Vernon Supp.2004). Sandra Edgerton filed a medical malpractice suit against Dr...

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