Willard v. Davis

OPINION

FARRAR, Justice.

Relator, H. Thomas Willard, D.O., seeks a writ of mandamus ordering the Honorable Fred Davis to rescind his order of June 9, 1994 and to stay all proceedings of the underlying lawsuit for six months in accordance

with the Property and Casualty Insurance Guaranty Act. Tex.Ins.Code Ann. art. 21.28-C, § 17 (Vernon Supp.1994).

We conditionally grant relator’s petition for writ of mandamus.

This is a medical malpractice cause of action in which relator is one of several defendant health care providers. The parties were conducting discovery when relator’s liability insurer,…