In Re Gary Horneski, M.D v. the State of Texas

CourtListener 10881503Txctapp1Jun 16, 2026

Full text

Opinion issued June 16, 2026

Court of Appeals
For The

First District of Texas
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NO. 01-26-00595-CV
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IN RE GARY HORNESKI, M.D, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On May 1, 2026, the trial court issued an order granting Real Party in Interest

Cheryl Price’s motion to consolidate her underlying action against Relator Gary

Horneski, M.D with ten previously consolidated cases against Relator.1 The ten

previously consolidated cases—filed by Real Parties in Interest Nina Boaz-Sweeten,

Michelle Cleveland, Evelyn George, Chelin Mira, Nicole Smuhar, Miranda Brown,

1
The underlying case is Cheryl Prince v. Gary Horneski, M.D., cause number
111019-CV, pending in the 412th Judicial District Court of Brazoria County, Texas,
the Honorable Justin R. Gilbert presiding.
Michelle Gilbert, Tyishia Ridge, Wanda Blakeslee, and Helen Abrams—were

consolidated pursuant to orders issued on May 12, 2022 and August 22, 2023. On

June 8, 2026, Relator filed a petition for writ of mandamus challenging consolidation

of all eleven cases and their related orders, requesting that our Court “grant

Mandamus and order the trial court to unwind its consolidation of these eleven

plaintiffs, either severing them outright, or order separate trials for each of them.”

We deny the petition.

PER CURIAM
Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Guiney.

2

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