DENY; and Opinion Filed April 22, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00471-CV IN RE TEN HAGEN EXCAVATING, Relator On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-11-00454-A MEMORANDUM OPINION Before Justices Moseley, Fillmore, and Evans Opinion by Justice Fillmore

The Court has before it relator’s petition for writ of mandamus in which relator requests that the Court direct the trial court to vacate its order, entered after a hearing, denying a physical examination of real party Jose Lopez-Castro by relator’s physician expert. The facts and issues are well known to the parties, so we need not recount them herein. The mandamus record is not complete. See TEX. R. APP. P. 52.7(a); In re Le, 335 S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (“Those seeking the extraordinary remedy of mandamus must follow the applicable procedural rules. Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record.”). Based on the record before us, we conclude relator has not shown it is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). For all of the reasons set forth above, we DENY the petition for writ of mandamus.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

140471F.P05

–2–