in Re: Patrick Daugherty

Order entered June 19, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00290-CV IN RE PATRICK DAUGHERTY, Relator AND PATRICK DAUGHERTY, Appellant V. HIGHLAND CAPITAL MANAGEMENT, L.P. AND CORNERSTONE HEALTHCARE GROUP HOLDINGS, INC., Appellees Original Proceeding and Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. 12-04005 ORDER Before Justices Lang-Miers, Fillmore, and Stoddart Based on the Court’s opinion of this date in this consolidated original proceeding and appeal, we CONDITIONALLY GRANT relator Patrick Daugherty’s petition for writ of mandamus. We ORDER the Honorable Martin Hoffman, trial judge of the 68th Judicial District Court, Dallas County, Texas, to issue an order vacating his January 3, 2018 order granting Highland Capital Management, L.P.’s Motion for Sanctions. We further 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. Should the trial judge fail to comply with this order, the writ will issue. We ORDER the real parties in interest to bear the costs, if any, of this original proceeding. /s/ ROBERT M. FILLMORE JUSTICE