Order entered April 1, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00249-CV IN RE DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM, Relator

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-15335 ORDER In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable Carlos Cortez, Judge of the 44th District Court, to VACATE his February 7, 2014 Order on Petitioner Daniel Mergen’s Verified Petition to Take Deposition Before Suit.

Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of its order issued in compliance with this order. We ORDER that relator recover his costs of this original proceeding from real party in interest.

.

/s/ MICHAEL J. O'NEILL JUSTICE