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THOMAS v. FITZGERALD

No. 10-03-00195-CV.

166 S.W.3d 746 (2005)

Dan THOMAS, Appellant, v. Walter FITZGERALD, Appellee.

Court of Appeals of Texas, Waco.

April 6, 2005.

Attorney(s) appearing for the Case

Dan Thomas, Rosharon, pro se.

Walter Fitzgerald, Gatesville, pro se.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

PER CURIAM.

Dan Thomas appeals the trial court's dismissal of his petition for deposition to perpetuate testimony. Because the underlying order is interlocutory and because this appeal is not authorized by statute, we will dismiss the appeal.

Rule of Civil Procedure 202.1 permits the taking of depositions to perpetuate a person's testimony "for use in an anticipated suit" or "to investigate a potential claim or suit." A person obtains such...

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