
    In re BAYLOR MEDICAL CENTER AT WAXAHACHIE d/b/a Baylor Medical Center-Ellis County.
    No. 10-03-015-CV.
    Court of Appeals of Texas, Waco.
    Dec. 10, 2003.
    Susan I. Nelson, Stinnett, Thiebaud & Remington, L.L.P., Dallas, for Appellant/Relator.
    H. Byron Thomas, Thomas Law Offices, Dallas, for Appellee/Respondent.
    Before Chief Justice GRAY, Justice VANCE, and Judge ALLEN (Sitting by Assignment).
    
      
      . George Allen, Judge of the 54th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See Tex. Gov’t Code Ann. § 74.003(h) (Vernon Supp.2004).
    
   OPINION

PER CURIAM.

Respondent, Judge Gene Knize, did not have the benefit of the Supreme Court’s ruling in Walker v. Gutierrez, 111 S.W.3d 56 (Tex.2003), when he ruled. We deny the petition for mandamus, without prejudice, to allow him to reconsider his ruling. See In re de la Garza, 92 S.W.3d 416 (Tex.2001) (orig. proceeding) (per curiam); In re Van Waters & Rogers Inc., 988 S.W.2d 740 (Tex.1998) (orig.proceeding) (per curiam).  