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IN RE ALLAN

No. 12-06-00040-CV.

191 S.W.3d 483 (2006)

In re Christopher ALLAN, M.D., Relator.

Court of Appeals of Texas, Tyler.

April 27, 2006.

Attorney(s) appearing for the Case

Bill Liebbe, Tyler, for relator.

Joel J. Steed, Rockwall, for Donald Knarr, M.D., and Trinity Mother Frances Health System.

Douglas R. McSwane, Potter Minton, PC, Tyler, for Tyler Cardiovascular Consultants, P.A.

Don Kent, Kent, Good, Anderson & Bush, PC, Tyler, for Jack Jorden, M.D.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

In this original mandamus proceeding, Christopher Allan, M.D. complains of the trial court's order denying his petition to take depositions pursuant to Texas Rule of Civil Procedure 202.1 The issue in this proceeding is whether Texas Civil Practice and Remedies Code subsection 74.351(s) prohibits presuit depositions under Rule 202. This issue is one of first impression. We conditionally...

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