in Re: Texas Department of Public Safety

Opinion

Order entered November 25, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00882-CV

IN RE TEXAS DEPARTMENT OF PUBLIC SAFETY, Relator

Original Proceeding from the County Court at Law No. 1 Grayson County, Texas

Trial Court Cause No. 2013-1-0007

ORDER

The Court has before it the motion for rehearing of real party in interest. The court

DENIES the motion. On its own motion, the Court WITHDRAWS its opinion and VACATES its order of September 5, 2013. In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED.

By order of September 6, 2013, the trial judge, the Honorable James C. Henderson, Judge of the County Court at Law No. 1, Grayson County, Texas, has VACATED his January 31, 2013 “Protective Order Regarding Certain Evidence, and Findings of Fact and Conclusions of Law Relative Thereto” to the extent it relates to any evidence in the possession of relator, in compliance with this Court’s order of September 5, 2013. A certified copy of the this order was filed with this Court on September 10, 2013. Therefore, no writ will issue.

We ORDER that relator recover its costs of this original proceeding from real party in interest.

/s/ DAVID LEWIS

JUSTICE