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TEXAS MEDICAL LIABILITY TRUST v. GARZA

No. 13-95-516-CV.

918 S.W.2d 632 (1996)

TEXAS MEDICAL LIABILITY TRUST, Relator, v. The Honorable Robert GARZA, Judge of the District Court of Cameron County, 138th Judicial District, Respondent.

Court of Appeals of Texas, Corpus Christi.

March 14, 1996.

Attorney(s) appearing for the Case

Sheila Ellwood Skaggs, Asst. Attorney General, Tort Litigation Division, Austin, TX, interested party.

Michael G. Mullen, Brown McCarroll & Oaks Hartline, Austin, TX, Jessie Alliene Amos, Brown, McCarroll & Oaks Hartline, Austin, TX, for relator.

Before YAÑEZ, CHAVEZ and RODRIGUEZ, JJ.

OPINION

YAÑEZ, Justice.

In this original mandamus proceeding, relator, Texas Medical Liability Trust (TMLT), seeks to set aside Judge Robert Garza's order sustaining the State's objection to indemnification pursuant to a medical malpractice settlement between Dr. John Tucker and claimant, Ricardo Barron. We conditionally grant the writ of mandamus.

On July 7, 1982, Barron received treatment for a knife wound in his back at the emergency room...

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