in Re Mark Athans, Omar Martinez and Prestige Surgical Assistants, LLC

Petition for Writ of Mandamus Denied and Majority and Dissenting Opinions filed February 13, 2015. In The Fourteenth Court of Appeals NO. 14-14-00699-CV IN RE MARK ATHANS, OMAR MARTINEZ AND PRESTIGE SURGICAL ASSISTANTS, LLC, Relators ORIGINAL PROCEEDING WRIT OF MANDAMUS 80th District Court Harris County, Texas Trial Court Cause No. 2013-05129 DISSENTING OPINION My colleagues hold that whenever a relator seeks a merits-based mandamus review of any order granting a new trial based on the factual insufficiency of the evidence, the relator must file “all of the trial evidence.” Ante, at 3. If the…