IN THE SUPREME COURT OF TEXAS

No. 09-0942

IN RE MARK A. JACOBS, M.D., DEBRA C. GUNN, M.D. AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A.

On Petition for Writ of Mandamus

ORDERED:

1. Relators' emergency motion for temporary relief, filed November 12, 2009, is granted. The trial court orders dated January 23, 2009 and January 30, 2009, in Cause No. 352,923-401, styled Andre McCoy, individually and as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person vs. Woman's Hospital of Texas, Inc.; CHCA Woman's Hospital, LP d/b/a Woman's Hospital of Texas; Houston Woman's Hospital Partner, L.L.C.; Debra C. Gunn, M.D.; Mark A. Jacobs, M.D.; Obstetrical and Gynecological Associates, P.A.; and James A. Collins, M.D., in the Probate Court No 2 of Harris County, Texas and the order dated October 20, 2009 in Cause No. 14-09-00123-CV, styled In re Mark A. Jacobs, M.D., Debra C. Gunn, M.D., and Obstetrical and Gynecologist Associates, P.A. in the Fourteenth Court of Appeals of Houston, Texas are stayed pending further order of this Court. 2. The real party in interest is requested to respond to relators' petition for writ of mandamus on or before 3:00 p.m., November 30, 2009. 3. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this November 16, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk