in Re Universal Health Services, Inc

Opinion

DENY; and Opinion Filed August 5, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00779-CV

IN RE UNIVERSAL HEALTH SERVICES, INC, UHS OF DELAWARE, INC., HICKORY TRAIL HOSPITAL, L.P., Relators

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-04290

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III Before the Court is relators’ petition for writ of mandamus in which they contend the trial

court abused its discretion by reconsidering and vacating an order striking the plaintiffs’ expert

witness and by purportedly not enforcing a Rule 11 agreement concerning expert designation

deadlines. Relators seek a writ of mandamus directing the trial court to reinstate its order striking

the expert. Alternatively, relators seek a writ of mandamus ordering the trial court to vacate a prior

order granting the plaintiffs leave to designate the expert.

To be entitled to mandamus relief, a relator must show both that the trial court has clearly

abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we

conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the

petition if the court determines relator is not entitled to the relief sought).

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE

190779F.P05

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