Opinion issued April 2, 2013.

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00907-CV ——————————— IN RE FROST NATIONAL BANK, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION1 Frost National Bank has filed a petition for writ of mandamus challenging the trial court’s order setting aside the default judgment in Frost’s favor and granting Jack L. Baker’s motion for new trial. We deny the petition for writ of mandamus.

The underlying case is Frost National Bank v. Fairmont Diagnostic and MRI Center, L.L.C., Bay Colony MRI and Diagnostic Center, L.P., Bay Colony Management Services, L.L.C., and Jack L. Baker, No. 2012-08645, in the 152nd District Court of Harris County, Texas, the Honorable Robert Schaffer presiding.

PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Brown.