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Click here for the full text of this decision FACTS:IFS Security Group Inc. d/b/a Ameritex Guard Services appeals the trial court’s order denying its petition to take the deposition of an American Equity Insurance Company employee to investigate potential claims for breach of contract, negligence, lack of good faith and fair dealing, and violations of the Texas Insurance Code. HOLDING:Dismissed for lack of jurisdiction. On appeal, as a threshold question, the court must determine whether an order pursuant to Texas Rule of Civil Procedure 202 denying a party’s request to take the deposition of an employee of the corporation, against whom a lawsuit is contemplated, is a final, appealable order. Ameritex argues that because the deponent is not an anticipated party to any future suit, the trial court’s order denying its petition to take the deposition of an American Equity employee pursuant to Texas Rule of Civil Procedure 202 is a final, appealable order. American Equity responds that this court lacks jurisdiction to review this appeal because Ameritex’s rule 202 petition was denied and there is no case that holds the denial of a petition to take a presuit deposition is a final, appealable order. The court finds from the record that the witness is the employee of the anticipated defendant and that no other facts are described in the record which could reflect any other status of the witness. Moreover, the court points out that not only does Ameritex seek to depose an employee of American Equity, it requests that the witness be subpoenaed to produce documents clearly described as American Equity’s documents, with no contention that these documents are anything other than documents directly pertinent to the potential claims of Ameritex against American Equity. Finally, the court notes that the style of the petition seeking the presuit deposition is clearly against American Equity, not the employee, and that a corporation acts only through its human agents or employees. Accordingly, the court concludes that the trial court’s order denying Ameritex’s Rule 202 petition to take the presuit deposition of an American Equity employee is not a final, appealable order because it is in aid of and incident to the contemplated suit against American Equity. OPINION:Lang, J.; Whittington, Francis, and Lang, JJ.

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