in Re: Ten Hagen Excavating, Inc. ( 2014 )

Order entered June 19, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00539-CV IN RE TEN HAGEN EXCAVATING, INC., Relator Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-11-00454-A ORDER In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable D’metria Benson, Judge of County Court at Law No. 1, to VACATE her March 24, 2014 “Order Denying Defendant Ten Hagen Excavating, Inc.’s Motion for Plaintiff Jose Castro-Lopez to be Examined by Defendant’s Medical Expert.” Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of her order issued in compliance with this order. We DENY as moot relator’s motion for emergency stay. We ORDER that relator recover its costs of this original proceeding from real party in interest. . /s/ DAVID EVANS JUSTICE