The opinion
Opinion issued July 26, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00608-CV
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IN RE GOLDING BARGE LINE, INC., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Golding Barge Line, Inc. filed a petition for writ of mandamus
challenging the trial court’s June 29, 2012 order vacating its earlier order that
compelled David Heep, the real party in interest, to submit to a medical
examination in the course of discovery in his workplace-injury lawsuit.* The trial
court has indicated that it will reconsider ordering Heep to submit to a medical
examination after he has recovered from surgery.
Because the relator has not shown a clear abuse of discretion, we deny the
petition for writ of mandamus. See TEX. R. APP. P. 52.8(a); In re Prudential Ins.
Co. of America, 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding).
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
*
The underlying case is David S. Heep v. Golding Barge Line, Inc.; Cause Number
2011-09342, in the 113th District Court of Harris County, Texas, Honorable John
Donovan, presiding.
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