Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: ORDER PER CURIAM . On December 15, 2016, relator Amber Turney, Individually and as Personal Representative of David Minx (Deceased), filed a petition for writ of mandamus in this court. Relator asks this court to order the trial court to set aside its order signed on December 9, 2016, in trial court number 2016-64937, styled Amber Turney et. al. v. Houston Motor Speedway Corp. et. al. The December 9 order requires relator to sign by December 23, 2017 an authorization permitting the relea
Summary: ORDER PER CURIAM . On December 15, 2016, relator Amber Turney, Individually and as Personal Representative of David Minx (Deceased), filed a petition for writ of mandamus in this court. Relator asks this court to order the trial court to set aside its order signed on December 9, 2016, in trial court number 2016-64937, styled Amber Turney et. al. v. Houston Motor Speedway Corp. et. al. The December 9 order requires relator to sign by December 23, 2017 an authorization permitting the releas..
More
ORDER
PER CURIAM.
On December 15, 2016, relator Amber Turney, Individually and as Personal Representative of David Minx (Deceased), filed a petition for writ of mandamus in this court. Relator asks this court to order the trial court to set aside its order signed on December 9, 2016, in trial court number 2016-64937, styled Amber Turney et. al. v. Houston Motor Speedway Corp. et. al. The December 9 order requires relator to sign by December 23, 2017 an authorization permitting the release of all of David Minx's medical records from all providers for the five years before his death. The December 9 order also denied Plaintiff's Objection to Defendants' Depositions on Written Questions and Subpoenas Duces tecum, and Motion to Quash and Motion for Protective Order.
Relator has also filed a motion for temporary relief asking our court to stay the December 9 order pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10.
On December 20, 2016, we issued an order abating this mandamus proceeding to allow the successor judge to consider all issues and motions addressed in the December 9 order.
On March 17, 2017, counsel for the parties filed a joint letter informing our court that on March 15, 2017, the successor judge signed an order denying Plaintiff's motion to reconsider the December 9, 2016 order.
It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
The stay of this mandamus proceeding is lifted.
We ORDER the December 9 order STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this court.
Additionally, the court requests Houston Motor Speedway Corp., John Thigpen, and Dean Baker, the real parties-in-interest, to file a response to the petition for writ of mandamus on or before April 24, 2017. See Tex. R. App. P. 52.4.
