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FAULKNER v. CULVER

No. D-3108.

851 S.W.2d 187 (1993)

Dale A. FAULKNER, M.D., Relator, v. The Honorable Thomas R. CULVER, III, Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled May 19, 1993.

Attorney(s) appearing for the Case

David A. Livingston, Dion C. Raymos, Houston, for relator.

Valorie W. Davenport, Houston, for respondent.

PER CURIAM.

In this original proceeding, Relator Dale Faulkner, M.D. (Faulkner) seeks a writ of mandamus directing the trial judge to vacate an order entered November 8, 1990 vacating summary judgment for Faulkner. Pursuant to Rule 170 of the Texas Rules of Appellate Procedure, a majority of this court conditionally grants the application for writ of mandamus.

In February 1988, Betty and Dan Krock (Krock) sued Dale Faulkner, M.D. (Faulkner) for medical malpractice...

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