O'CONNOR v. First Court of Appeals

OPINION

MAUZY, Justice.

In this original proceeding, Justice Mi-chol O’Connor of the First Court of Appeals seeks a writ of mandamus directing that court to instruct its clerk to file O’Con-nor’s dissent from the denial of a motion to hear an appeal en banc. Richard Fought, the appellant in the underlying suit, seeks the same relief. We conditionally grant the writ of mandamus.

In the underlying case, Richard Fought sued Dr. David Solee for medical malpractice. The trial court granted summary judgment for Dr. Solee. Fought appealed to the First Court of Appeals, where the case was submitted to a…