In Re Gary Horneski, M.D v. the State of Texas
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Opinion
Opinion issued June 16, 2026
Court of Appeals For The
First District of Texas ———————————— NO. 01-26-00595-CV ——————————— IN RE GARY HORNESKI, M.D, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On May 1, 2026, the trial court issued an order granting Real Party in Interest
Cheryl Price’s motion to consolidate her underlying action against Relator Gary
Horneski, M.D with ten previously consolidated cases against Relator.1 The ten
previously consolidated cases—filed by Real Parties in Interest Nina Boaz-Sweeten,
Michelle Cleveland, Evelyn George, Chelin Mira, Nicole Smuhar, Miranda Brown,
1 The underlying case is Cheryl Prince v. Gary Horneski, M.D., cause number 111019-CV, pending in the 412th Judicial District Court of Brazoria County, Texas, the Honorable Justin R. Gilbert presiding. Michelle Gilbert, Tyishia Ridge, Wanda Blakeslee, and Helen Abrams—were
consolidated pursuant to orders issued on May 12, 2022 and August 22, 2023. On
June 8, 2026, Relator filed a petition for writ of mandamus challenging consolidation
of all eleven cases and their related orders, requesting that our Court “grant
Mandamus and order the trial court to unwind its consolidation of these eleven
plaintiffs, either severing them outright, or order separate trials for each of them.”
We deny the petition.
PER CURIAM Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Guiney.
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