Collins v. Norwood Clinic, Inc.

On Application for Rehearing

HOUSTON, Justice.

The opinion of February 7, 2003, is withdrawn and the following is substituted therefor.

The defendants in the underlying action, John Owen, M.D., and Norwood Clinic, Inc. (hereinafter referred to collectively as “the petitioners”), petition this Court for a writ of mandamus directing the trial court to vacate its August 6, 2002, order granting the plaintiffs motion to set aside the dismissal of the underlying action and to reinstate the case. We deny the petition.

Facts and Procedural History

On May 19, 2000, the plaintiff, William Brian Collins,…