DENY; and Opinion Filed August 5, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00779-CV
IN RE UNIVERSAL HEALTH SERVICES, INC, UHS OF DELAWARE, INC.,
HICKORY TRAIL HOSPITAL, L.P., Relators
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-04290
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Pedersen, III
Before the Court is relators’ petition for writ of mandamus in which they contend the trial
court abused its discretion by reconsidering and vacating an order striking the plaintiffs’ expert
witness and by purportedly not enforcing a Rule 11 agreement concerning expert designation
deadlines. Relators seek a writ of mandamus directing the trial court to reinstate its order striking
the expert. Alternatively, relators seek a writ of mandamus ordering the trial court to vacate a prior
order granting the plaintiffs leave to designate the expert.
To be entitled to mandamus relief, a relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,
148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we
conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny
relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the
petition if the court determines relator is not entitled to the relief sought).
/Bill Pedersen, III/
BILL PEDERSEN, III
JUSTICE
190779F.P05
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