in Re Mark Athans, Omar Martinez and Prestiege Surgival Assistants LLC

OPINION ON REHEARING 1

Kem Thompson Frost, Chief Justice

Relators Mark Athans, Omar Martinez, and Prestige Surgical Assistants, LLC (collectively the “Prestige Parties”) have filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. The Prestige Parties ask this court to compel the Honorable Larry Weiman, presiding judge of the 80th District Court of Harris County, to set aside an order granting the motion for new trial filed by real party in interest American Surgical Assistants, Inc. d/b/a American Surgical Professionals. We…