in Re Susan E. Jones, Independent of the Estate of Frances J. Hutchins

Order entered June 7, 2016

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00081-CV

IN RE SUSAN E. JONES, INDEPENDENT EXECUTRIX OF THE ESTATE OF FRANCES J. HUTCHINS, DECEASED, Relator

Original Proceeding from the Probate Court No. 3 Dallas County, Texas

Trial Court Cause No. PR-12-00182-3 ORDER

Before Justices Lang-Miers, Evans, and Whitehill Based on the Court’s opinion of this date, we CONDITIONALLY GRANT the writ of mandamus. We ORDER the trial judge, the Honorable Margaret Jones-Johnson, Judge of Probate Court No. 3, Dallas County, Texas, to VACATE her October 30, 2015 order granting a new trial. If she fails to comply with this order, the writ will issue. We ORDER the trial judge to file with this Court, within 30 days of the date of this order, a certified copy of her order issued in compliance with this order. Relator has not sought recovery of costs in this proceeding, so we ORDER each party to bear its own costs of this original proceeding.

/s/ BILL WHITEHILL JUSTICE