IN RE: YORKSHIRE INSURANCE CO.

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Court of Appeals of Texas, Amarillo.

IN RE: YORKSHIRE INSURANCE CO., LTD. AND OCEAN MARINE INSURANCE CO., LTD.

NO. 07-10-00388-CV

Decided: October 25, 2010

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER

On October 1, 2010, this Court received a petition for writ of mandamus filed by Yorkshire Insurance Company, Ltd., and Ocean Marine Insurance Company, Ltd., requesting the issuance of mandamus to overrule the trial court's order granting Cynthia Fisher's motion to quash oral deposition.   In addition to quashing the deposition of Fisher, the order further declared that documents identified as “Privileged Documents 1-44, Delivered From Jody Sheets To Mark Buzzard In Open Court On January 8 th, 2003, with label ‘Defendant's # 3’,” are protected by lawyer-client privilege.   Responses to this petition were received from the Segers and from Fisher on October 18.

On October 6, 2010, the Court received Relators' Motion for Temporary Relief.   The motion indicates that trial in the underlying cause is set to begin on November 1. Insurers contend that the evidence they are being denied by the trial court's order is material and essential to their defense.   As such, Insurers pray that this Court issue an order staying the underlying trial proceedings pending a ruling on the petition for mandamus.   While the Insurers' certificate of conference indicates that the Segers oppose the motion, no response to the motion has been filed.

As the evidence that is denied the Insurers by the trial court's order granting Cynthia Fisher's motion to quash oral deposition appears that it may be material and essential to Insurers' defense in the underlying proceeding, the Court hereby grants the motion for temporary relief and orders that the proceedings in the 84 th District Court of Hutchinson County, Texas, are stayed pending this Court's ruling on Insurers' petition for writ of mandamus.

ORDER

On October 1, 2010, this Court received a petition for writ of mandamus filed by Yorkshire Insurance Company, Ltd., and Ocean Marine Insurance Company, Ltd., requesting the issuance of mandamus to overrule the trial court's order granting Cynthia Fisher's motion to quash oral deposition.   In addition to quashing the deposition of Fisher, the order further declared that documents identified as “Privileged Documents 1-44, Delivered From Jody Sheets To Mark Buzzard In Open Court On January 8 th, 2003, with label ‘Defendant's # 3’,” are protected by lawyer-client privilege.   Responses to this petition were received from the Segers and from Fisher on October 18.

On October 6, 2010, the Court received Relators' Motion for Temporary Relief.   The motion indicates that trial in the underlying cause is set to begin on November 1. Insurers contend that the evidence they are being denied by the trial court's order is material and essential to their defense.   As such, Insurers pray that this Court issue an order staying the underlying trial proceedings pending a ruling on the petition for mandamus.   While the Insurers' certificate of conference indicates that the Segers oppose the motion, no response to the motion has been filed.

As the evidence that is denied the Insurers by the trial court's order granting Cynthia Fisher's motion to quash oral deposition appears that it may be material and essential to Insurers' defense in the underlying proceeding, the Court hereby grants the motion for temporary relief and orders that the proceedings in the 84 th District Court of Hutchinson County, Texas, are stayed pending this Court's ruling on Insurers' petition for writ of mandamus.

Per Curiam

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