in Re Golding Barge Line Inc.

Opinion

Opinion issued July 26, 2012

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00608-CV ——————————— 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.