Opinion issued September 25, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00700-CV

JONATHAN J. JIMINEZ, AS NEXT FRIEND OF JONATHAN JIMINEZ, JR., PHYLLIS SCOTT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF VICTORIA DE LA ROSA SCOTT, DECEASED,

AND DENNIS DE LA ROSA, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relators, Jonathan J. Jiminez, as next friend of Jonathan Jiminez, Jr., Phyllis Scott, individually and as representative of the estate of Victoria De La Rosa Scott, deceased, and Dennis De La Rosa, seek mandamus relief compelling the trial court to vacate its orders striking an expert witness.

We deny the petition for writ of mandamus. All outstanding motions are overruled as moot.

Per Curiam 

Panel consists of Justices Jennings, Bland, and Sharp.

Justice Sharp, dissenting without opinion.