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First Court of Appeals Upholds Trial Court's Decision to Allow Remote Depositions of Plaintiffs That Live in Honduras

Photo of Kelly Viktorin

On June 8, 2018, Moises Pereira was employed by Houston Tubulars, Inc. and working at their pipe yard in Pearland, Texas, when he was struck and killed by pipes. Firm attorneys Benny Agosto, Jr. and Kelly Viktorin filed suit against Houston Tubulars on behalf of the Representative of his Estate, his widow, and eight children. The case landed in the 149th Judicial District Court of Brazoria County, Texas.

The family of the Decedent lives in Honduras, so counsel for the Plaintiffs noticed their depositions to take place there. Defendant moved to quash these depositions and set a Motion to Compel requesting the Judge compel the Plaintiffs to travel to Texas for their depositions-where the lawsuit was filed. After a hearing on the issue, the trial court Judge denied the Motion stating that only the widow had to appear in Texas and the remaining Plaintiffs' depositions could take place in Honduras with the Defendant attending remotely or in-person.

Defendant subsequently filed a Writ of Mandamus appealing the issue, and the First Court of Appeals upheld the trial court's decision on January 23, 2020. The panel consisted of Chief Justice Radack and Justices Landau and Hightower.

Our firm attorneys are well-versed on the various issues regarding locale of Plaintiffs outside the country, as well as citizenship issues that often arise in litigation. Contact an attorney at Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner at 713-396-3964 or 1-800-594-4884 if you or a loved one has any questions.

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