Order entered November 21, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00940-CV
IN RE ZIMMER, INC., Relator
Original Proceeding from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-03111-2011
ORDER
Before Justices FitzGerald, Francis, and Brown
Based on the Court’s opinion of this date, we CONDITIONALLY GRANT the writ of
mandamus. We ORDER the trial judge, the Honorable Raymond Wheless, Judge of the 366th
Judicial District Court, Collin County, Texas, to VACATE his April 15, 2014 “Order Granting
Plaintiff’s Motion for New Trial.” Should the trial judge fail to comply with this order, the writ
will issue. We ORDER the trial judge to file with this Court, within thirty (30) days of the
date of this order, a certified copy of his order issued in compliance with this order. Zimmer,
Inc. has not sought the recovery of its costs in this proceeding. Accordingly, we ORDER each
party to bear its own costs of this original proceeding.
/s/ MOLLY FRANCIS
JUSTICE