Opinion issued February 7, 2003

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-03-00111-CV

____________

IN RE TODD MATTOX, INDIVIDUALLY AND AS NEXT FRIEND OF CATHY MATTOX, AN INCAPACITATED ADULT, TRACY TEGELER, BRENDA ALLEN, GLENDA BILBO, AND RANDY MATTOX, INDIVIDUALLY AND AS HEIRS OF THE ESTATES OF GLENN A. MATTOX AND DORRIS MATTOX, DECEASED, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators have filed a petition for writ of mandamus complaining of (1) Judge John Devine's ⁽¹⁾ December 4, 2001 order striking and excluding the designation and testimony of W. Owen Cramer, M.D. and (2) Judge Jennifer Walker Elrod's ⁽²⁾ April 22, 2002 order allowing Dr. Cramer to testify only on rebuttal. Relators have also filed a motion for temporary relief and request for emergency consideration and stay.

We deny both the petition for writ of mandamus and the motion for temporary relief and request for emergency consideration and stay.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

1. The Honorable John C. Devine, former judge of the 190th District Court of Harris County, Texas. The underlying lawsuit isMattox v. Rajendran, No. 2000-07937 (190th Dist. Ct., Harris County, Tex.).

2. The Honorable Jennifer Walker Elrod, judge of the 190th District Court of Harris County, Texas.