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IN RE NANCE

No. 03-04-00366-CV.

143 S.W.3d 506 (2004)

In re David NANCE, Individually, and as Representative of the Estate of Rozene Nance, Deceased; Quinton Singleton; Michael Lance; Crystal Lance; Kassie Singleton; and Lloyd Singleton

Court of Appeals of Texas, Austin.

August 12, 2004.

Attorney(s) appearing for the Case

Ben Selman, Naman, Howell, Smith & Lee, PC, Waco, for Metroplex Adventist Hospital.

Laura M. Ekery, Dan Ballard, Ballard, Simmons & Ekery, LLP, Austin, for Lan Thanh Nguyen, M.D.

Scott Ozmun, Jeff Edwards, Whitehurst, Harkness, Ozmun & Brees, P.C., Austin, for Relators.

Before Justices KIDD, B.A. SMITH and PEMBERTON

OPINION

PEMBERTON, Justice.

In this mandamus proceeding arising out of a medical malpractice death action, we are asked to vacate an order denying a motion to quash a defendant's request for the deceased's psychiatric records. Based on the governing law as applied to the present record, we will conditionally grant the writ.

BACKGROUND

Rozene Nance died on August 6, 2002, at the age...

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