in Re Emtel, Inc. and Brazos Emergency Physicians Association, P.A.

Opinion issued March 16, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00035-CV

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IN RE EMTEL, INC. AND BRAZOS EMERGENCY PHYSICIANS ASSOCIATION, P.A., Relators

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relators, EMTEL, Inc. and Brazos Emergency Physicians Association, P.A., filed a petition for writ of mandamus complaining of Judge McCally's ⁽¹⁾ August 21, 2006 and December 15, 2006 orders denying relators motions to disqualify Dr. Patrick G. Woods and Dr. Diana Fite as derivative plaintiffs. ⁽²⁾

We deny the petition for writ of mandamus. See Tex. R. App. P. 52.8 (a),(d).

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

1. The Honorable Sharon McCally, judge of the 334th District Court of Harris County, Texas. The underlying lawsuit, as consolidated, is Dr. Patrick G. Woods, et al. v. Joseph Degioanni et al. v. the Methodist Hospital et al., No. 2003-53712, in the 334th District Court, Harris County, Texas.

2. The four lawsuits that have been consolidated are as follows: (1) Dr. Patrick G. Woods, et al. v. Joseph Degioanni et al., No. 2003-53712, in the 334th District Court, Harris County, Texas; (2) Brazos Emergency Physicians Association, P.A. v. The Methodist Health Care System et al., No. 2003-25392, in the 234th District Court, Harris County, Texas; (3) Brazos Emergency Physicians Association, P.A. v. The Methodist Health Care System et al., No. 2003-25393, in the 151st District Court, Harris County, Texas; and (4) Brazos Emergency Physicians Association, P.A. v. The Methodist Hospital et al., No. 2004-52895, in the 295th District Court, Harris County, Texas.