Opinion
No. 05-20-00284-CV
06-24-2020
IN RE REDBIRD TRAILS APARTMENTS, BRIDGEWAY CAPITAL, LLC, AND NCM MANAGEMENT, LTD., Relators
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas
Trial Court Cause No. CC-17-00945-A
ORDER
Before Justices Myers, Partida-Kipness, and Evans
In accordance with this Court's opinion of this date, the Court CONDITIONALLY GRANTS relators' petition for writ of mandamus. We ORDER the trial judge, the Honorable D'metria Benson, Judge of County Court at Law No. 1, to (1) VACATE her February 21, 2020 "Order Regarding Defendant Red Bird Trails Apartments' Rule 204.1 Medical Examination" and her March 2, 2020 "Order Granting Defendant Red Bird Trails Apartments' Motion for Rule 204.1 Medical Examination" selecting real party's recommended neurologist and (2) ORDER the minor children to submit to an examination by neurologist David B. Rosenfield, M.D. in accordance with the (1) duration, (2) conditions, and (3) manner, scope, and areas of medical examination in relators' proposed form of order filed with the trial court on or about February 28, 2020. Should the trial judge fail to comply with this order, the writ will issue.
The Court FURTHER ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of her order issued in compliance with this order. We LIFT the stay issued by this Court on March 5, 2020. We ORDER that relators recover the costs, if any, incurred in this original proceeding from real party in interest, TiCourtney McMullen, individually and on behalf of C.S.(1) and C.S.(2), minor children.
/s/ DAVID EVANS
JUSTICE