Dale A. Faulkner v. Honorable Thomas R. Culver

Per Curiam In this original proceeding, Relator Dale Faulkner, M.D. (Faulkner) seeks a writ of mandamus directing the trial
judge to vacate an order entered November 8, 1990 vacating summary judgment for Faulkner. Pursuant to Rule 170 of the Texas
Rules of Appellate Procedure, a majority of this court conditionally grants the for writ of mandamus. In February 1988, Betty and Dan Krock (Krock) sued Dale Faulkner, M.D. (Faulkner) for medical malpractice. On December 15,
1989, Judge Charles Dickerson granted a take-nothing summary judgment. On January 15, 1990, Krock filed a motion for rehearing
of the summary judgment and, in the alternative, motion for new trial. Judge Dickerson orally vacated the summary judgment
at a hearing on March 1, 1990 and made a entry on the docket sheet to this effect. While Krock's attorney apparently tried
to ascertain whether Judge Dickerson signed a written order to this effect, both a clerk in the Fort Bend County District
Clerk's office and Judge Dickerson's secretary indicated that the order vacating the summary judgment had been signed but
the case file was in the Judge's chambers and could not be retrieved. Judge Dickerson did not vacate the summary judgment
by written order until November 8, 1990.