IN RE: PENDRAGON TRANSPORTATION LLC, Relator
No. 05-13-01749-CV
Court of Appeals Fifth District of Texas at Dallas
February 21, 2014
On Appeal from the 193rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-13-01313-L
Before Justices Moseley, Fillmore, and Brown
ORDER
In accordance with the Court‘s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED IN PART and DENIED IN PART. The Court ORDERS the trial judge, the Honorable Carl Ginsberg, Judge of the 193rd Judicial District Court, to VACATE that portion of its June 12, 2013 order requiring Pendragon Transportation LLC to pay for the special master‘s fees “as they are incurred (payable in the form of retainers in an amount of no less than $1,000.00, at least 3 days in advance before each deposition), subject to reallocation at a later date, depending on, inter alia, who is the prevailing party in the suit.” In all other respects, the petition for writ of mandamus is DENIED.
Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within twenty (20) days of the date of this order, a certified copy of its order issued in compliance with this order.
/s/ ADA BROWN
JUSTICE