concurs in the reversal of the court of appeal judgment but dissents from the form of the amendment. CCP Article 1464 does not grant the defendant the right to a doctor of his choice. Rather the article only states that the Court shall order a party to submit to a physical or mental examination by a physician. The trial court did not abuse its discretion in its original order.

In re: Mansion, Merlin M. et ux; Mansion, Helen; —Plaintiff(s); Applying for Writ of Certiorari and/or Review, Writ of Mandamus, Writ of Prohibition, Supervisory/Remedial Writs; to the Court of Appeal, Third Circuit, Number CW90-1108; Parish of Lafayette 15th Judicial District Court Div. “B” Number 90-0901-B.

Granted. Judgment of the court of appeal is amended to permit defendant to select an orthopedist of its choice other than Dr. James McDaniel.

dissents from the order; would reinstate the ruling of the district court.