1 880162.1 2014.60 

No. 01-15-00327-CV

In the Court of Appeals

For the First District of Texas at Houston 

In re NEXION HEALTH AT BEECHNUT, INC. 

D/B/A BEECHNUT MANOR, 

Relator

Original Proceeding from the

Probate Court No. 1 of Harris County

The Honorable Loyd Wright, Presiding Judge

Cause Number 404,607-401

RELATOR’S EMERGENCY MOTION TO STAY 

TO THE HONORABLE COURT OF APPEALS:

 Relator Nexion Health at Beechnut, Inc. d/b/a Beechnut Manor (“Relator”) 

files this Emergency Motion to Stay enforcement of two discovery orders pending 

the disposition of Relator’s Writ of Mandamus, pursuant to Texas Rule of 

Appellate Procedure 52.10(a), and respectfully shows as follows:

1. On April 10, 2015, simultaneously with the filing of this Motion, 

Relator filed its Petition for Writ of Mandamus seeking review of the trial court’s 

order compelling production of documents protected from discovery by Texas’ 

medical peer-review privilege. 

ACCEPTED

01-15-00327-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/10/2015 10:48:05 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 10:48:05 AM CHRISTOPHER A. PRINE Clerk
2 880162.1 2014.60

2. If the Court does not grant this Mandamus, Relator will not have an 

adequate remedy by ordinary appeal as it will lose the protections afforded Relator 

by Texas law. Similarly, Relator will not have an adequate remedy at law and the 

ripeness of this original proceeding will be impacted unless this Court grants this 

Motion for Emergency Stay and maintains the status quo by staying the production 

of these privileged documents until such time as this Court has the opportunity to 

rule on the merits of this original proceeding.

3. This Court may grant temporary relief pending its determination of an 

original proceeding. TEX. R. APP. P. 52.10(b). This emergency stay is necessary 

to maintain the status quo of the parties and preserve the Court’s jurisdiction to 

consider the merits of the original proceeding. In re Reed, 901 S.W.2d 604, 609 

(Tex. App.—San Antonio 1995, orig. proceeding).

4. Mandamus relief is appropriate to protect confidential and privileged 

information from discovery. In re Living Ctrs. of Tex., Inc., 175 S.W.3d 253, 256 

(Tex. 2005) (orig. proceeding); Mem'l Hosp.-The Woodlands v. McCown, 927 

S.W.2d 1, 12 (Tex. 1996). An appellate court cannot cure the error when a trial 

court erroneously orders disclosure of privileged information that affects the rights 

of the aggrieved party. In re Osteopathic Med. Ctr. of Tex., 16 S.W.3d 881, 883 

(Tex. App.—Fort Worth 2000, orig. proceeding).
3 880162.1 2014.60

5. Relator is confident that this Court will vacate the discovery orders at 

issue and rule that the documents are privileged and not subject to production. 

However, before this Court rules, the orders at issue are live and outstanding. 

Therefore, Relator requests this Emergency Stay and asks that this Court stay the 

production of the documents identified in Respondent’s January 20, 2015 and 

April 6, 2015 orders until such time as this Court can rule on the original 

proceeding before it. 

CONCLUSION

Relator respectfully requests that this Court grant this emergency stay until 

the resolution of this original proceeding, and in doing so stay the production of the 

documents identified in Respondent’s January 20, 2015 and April 6, 2015 orders.

The issue at stake in this original proceeding is an important issue for this Court to

resolve for this District given that it appears that Respondent’s orders directly

contradict Texas law. Furthermore, Relator’s rights cannot be protected by 

ordinary appeal if the documents at issue are produced in accordance with the 

January 20, 2015 and April 6, 2015 orders. Thus, in order to preserve the 

jurisdiction of this Court and maintain the status quo until it can rule, Relator 

requests that this Court grant this emergency stay.
4 880162.1 2014.60

Respectfully submitted,

 /s/ Weston M. Davis 

Gregory N. Ziegler

Texas Bar No. 00791985

GZiegler@macdonalddevin.com

Jason A. Burris

Texas Bar No. 24049591

JBurris@macdonalddevin.com

Weston M. Davis

Texas Bar No. 24065126

WDavis@macdonalddevin.com

MACDONALD DEVIN, PC

3800 Renaissance Tower

1201 Elm Street

Dallas, Texas 75270

214.744.3300 telephone

214.747.0942 facsimile

Attorneys for Relators

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing 

document was served on all counsel of record, pursuant to Texas Rules of Civil 

Procedure on this 10th day of April, 2015. 

 /s/ Weston M. Davis

Weston M. Davis
5 880162.1 2014.60

CERTIFICATE OF CONFERENCE

Pursuant to Texas Rule of Appellate Procedure 10, I hereby certify that 

counsel for Relator conferred with counsel for Real Party in Interest regarding an 

agreed stay of discovery of the privileged material at issue in this proceeding. 

Counsel for Real Party in Interest did not agree to stay discovery of those 

materials. 

 /s/ Weston M. Davis

Weston M. Davis