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SPEAR v. GAYLE

No. 01-93-00349-CV.

857 S.W.2d 122 (1993)

Charles E. SPEAR, Relator, v. The Honorable J. Ray GAYLE III, Judge of the 239th Judicial District Court of Brazoria County, Texas, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

June 11, 1993.

Attorney(s) appearing for the Case

Britton B. Harris, Scott A. Sapperstein, Gary M. Jewell, Houston, for relator.

Sagness Girourd, III, Freeport, for respondent.

Before DUGGAN, O'CONNOR and HEDGES, JJ.

OPINION

PER CURIAM.

In the case before us, we must decide whether relator's mental condition has been placed "in controversy" such that the trial court may properly order his mental examination under Texas Rule of Civil Procedure 167a. Relator Charles E. Spear asks us to command respondent, the Honorable J. Ray Gayle III, to withdraw his order directing relator to submit to a psychiatric examination. We conditionally...

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