Question: I need issue, rule of this case

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Question: I need issue, rule of this case. I have submitted case brief, Case Summary from Lexis advance and Westlaw below. Case as well. The rule relates to the issue presented. please check issue and rule.

Issue: 

Are pursuit discovery orders, including the deposition, under Texas Rule of Civil Procedure 202 final and appealable?

 

Rule:

 Article II, Section 1 of the Texas Constitution specifies that Courts have no jurisdiction when it comes to issuing of advisory opinions. In the same breadth, Rule 59.1 of the Texas Rules of Appellate allows for "Submission Without Argument."

 

Analysis:

In this case, based on the provisions under Rule 59. 1 of the Tx. Rules of Appellate, the Court rightfully granted Valley Baptist the right to have the petition reviewed without the Court addressing itself to the merits of the case. The cause was dismissed as moot, meaning the decision of the Court has no bearing on whether pursuit discovery orders, including the deposition, under Texas Rule of Civil Procedure 202.4(a)(2) final and appealable.

 

Conclusion:

 Dismiss as moot.

 

 

Case Summary from Lexis advance

 

Procedural Posture

Petitioner challenged the judgment of the Court of Appeals for the Thirteenth District (Texas), determining that Tex. R. Civ. P. 202 discovery orders were not final and appealable.

Overview

In its petition for review, petitioner argued that its dispute with respondent became moot when petitioner produced a corporate representative for deposition. In the alternative, petitioner contended that even if the dispute was not moot, the court of appeals erred in determining that Tex. R. Civ. P. 202 discovery orders were not final and appealable. The court concluded that petitioner's appeal became moot when it produced a representative for deposition and thus complied with the trial court's discovery order. At that time, there ceased to be a live controversy between petitioner and respondent, who were the only parties to the appeal. Because petitioner's appeal of the discovery order became moot after the deposition occurred, the court of appeals' opinion was advisory. Therefore, the court granted the petition for review and vacated the court of appeals' judgment and opinion, and dismissed the cause as moot.

 

Outcome

Judgment and opinion vacated; there ceased to be a live controversy between petitioner and respondent. Thus, the appeal became moot and the court of appeals' opinion was advisory. There was no jurisdiction to issue an advisory opinion. Thus, court appeals' judgment was vacated and the cause was dismissed as moot.

 

Case Summary from westlaw

Synopsis

Mother brought petition against doctor, hospital, and unknown manufacturers of fetal vacuum extractor to investigate potential claims in anticipation of products liability suit. The 370th Judicial District Court, Hidalgo County, Noe Gonzalez, J., entered order authorizing presuit discovery, including deposition hospital representative. Hospital appealed. Mother filed motion to dismiss appeal. The Corpus Christi Courtof Appeals dismissed appeal for want of jurisdiction. Hospital petitioned for review. The Supreme Court held that hospital's appeal became moot when hospital produced a representative for deposition thereby complying with the order, and thus, Court of Appeals opinion was an impermissible advisory opinion.

Court of appeals vacated and cause dismissed.

 

 

Case:

Roger W. Hughes, Ferriel C. Hamby, Jr., Adams & Graham, Harlingen, for petitioner.

Elizabeth B. Hawkins, Benjamin L. Hall, III, Sheryl A. Scott, O'Quinn & Laminack, Houston, William Lassiter Holmes, Holmes & Holmes, McAllen, for respondent.

PER CURIAM.

Ester Gonzalez, individually and as next friend of Michael Gonzalez, filed a petition to investigate claims under Texas Rule of Civil Procedure 202 in anticipation of a products liability suit. She named as respondents Valley Baptist Medical Center, Dr. Edwin Mierisch, and the unknown manufacturers of a fetal vacuum extractor. The trial court granted the petition and ordered presuit discovery, including the deposition of a Valley Baptist representative, under Texas Rule of Civil Procedure 202.4(a)(2).

Valley Baptist filed a notice of appeal with an emergency motion to stay depositions; the court of appeals denied the emergency motion. Valley Baptist then filed a petition for writ of mandamus with an emergency motion to stay depositions. The court of appeals initially granted the stay but then, two weeks later, denied Valley Baptist's petition for writ of mandamus and vacated the stay. Valley Baptist subsequently filed a petition for writ of mandamus with this Court, which was denied.

In the meantime, another court of appeals panel granted Valley Baptist's motion to reconsider its motion for emergency relief to stay depositions. Gonzalez immediately filed a motion to vacate the stay order and dismiss the appeal for want of jurisdiction; the court of appeals first denied Gonzalez' motion, but then, *822 sua sponte, reconsidered the motion and dismissed the appeal for want of jurisdiction in a published opinion.

While Valley Baptist's motion for rehearing en banc was pending, it produced a representative for the ordered deposition and notified the court of appeals that the dispute may be moot. The court of appeals, sitting en banc, then withdrew its earlier opinion, and, concluding that rule 202 presuit discovery orders are not final and appealable when the party from whom discovery is sought is an anticipated party to the litigation, dismissed the appeal for want of jurisdiction. Valley Baptist Medical Center v. Michael Gonzalez, Jr., 18 S.W.3d 673 (Tex.App.-Corpus Christi). In its opinion, the court of appeals did not acknowledge that Valley Baptist had already appeared for the deposition. Nor did the court consider whether the appeal may be moot.

In its petition for review, Valley Baptist argues that its dispute with Gonzalez became moot when Valley Baptist produced a corporate representative for deposition. In the alternative, Valley Baptist contends that even if the dispute is not moot, the court of appeals erred in determining that rule 202 discovery orders are not final and appealable.

We conclude that Valley Baptist's appeal became moot when it produced a representative for deposition and thus complied with the trial court's discovery order. At that time, there ceased to be a live controversy between Valley Baptist and Gonzalez, who are the only parties to this appeal. See City of W. Univ. Place v. Martin, 132 Tex. 354, 123 S.W.2d 638, 638-39 (1939). Under article II, section 1 of the Texas Constitution, courts have no jurisdiction to issue advisory opinions. Speer v. Presbyterian Children's Home & Serv. Agency, 847 S.W.2d 227, 229 (Tex. 1993). Because Valley Baptist's appeal of the discovery order became moot after the deposition occurred, the court of appeals' opinion is advisory. Therefore, in accordance with rule 59.1 of the Texas Rules of Appellate Procedure, without hearing oral argument, we grant Valley Baptist's petition for review, and without reference to the merits, vacate the court of appeals' judgment and opinion, and dismiss this cause as moot.