Opinion issued August 25, 2004

In The

Court of Appeals

For the

First District of Texas

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NO. 01–04–00859–CV

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IN RE THE METHODIST HEALTHCARE SYSTEM, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelator, The Methodist Hospital, has filed a petition for a writ of mandamus complaining of the August 6, 2004 order of Judge Jennifer Walker Elrod, which order denied relator’s Motion for Order Compelling Examination of Plaintiff, the real party in interest, Murray Adelstein.

          We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). We further deny as moot relator’s emergency motion for stay of underlying proceedings.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.