Order entered March 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00307-CV IN RE JOSE P. NORIEGA, Relator

Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-14164 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 Phyllis Lister Brown, Judge of the 162nd District Court, to VACATE her February 7, 2014 Order on Petition to Investigate Potential Claim or 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.

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/s/ DAVID LEWIS JUSTICE