Texas Supreme Court

Myrna Coates, Relator v. the Honorable Mark Whittington, Judge, Respondent

September 21, 198831 Tex. Sup. Ct. J. 659

Summary

The Texas Supreme Court held that the trial court abused its discretion by ordering the plaintiff to submit to a compulsory mental examination. The Court found that Rule 167a requires a showing that the plaintiff's mental condition is truly in controversy and that good cause exists, and that such an examination must be performed by a physician. Accordingly, the petition for a writ of mandamus was conditionally granted.