In The
Court of Appeals
For The
First District of Texas
NO. 01-08-00194-CV
IN RE CHRISTUS HEALTH AND CHRISTUS HEALTH GULF COAST D/B/A CHRISTUS ST. CATHERINE HOSPITAL, Relators
Original Proceeding on Petition for Writ of Mandamus
O P I N I O N
On March 19, 2008, relators, Christus Health and Christus Health Gulf Coast d/b/a Christus St. Catherine Hospital, filed an emergency motion for temporary relief and a petition for writ of mandamus complaining of the trial court’s March 13, 2008 “Order on Plaintiffs’ Motion for Discovery Sanctions.” On March 20, 2008, this Court granted relators’ motion for temporary relief, staying all proceedings in the underlying cause, including the March 13, 2008 Order on Plaintiff’s Motion for Discovery Sanctions. The real-parties-in-interest subsequently filed a response, to which relators later replied.
After reviewing the mandamus petition, we conclude that relators have not demonstrated both a clear abuse of discretion by the trial court and the lack of an adequate remedy by appeal. See In re Union Carbide Corp., No. 07-0987, 2008 WL 4891243, at *3 (Tex. Nov. 14, 2008) (per curiam) (“For mandamus to issue, a relator must show that it has no adequate remedy by appeal.”); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (holding that, in order to be entitled to relief by writ of mandamus, relator “must meet two requirements[:] [o]ne is to show that the trial court clearly abused its discretion . . . . [t]he other . . . is to show that it has no adequate remedy by appeal”). Accordingly, we deny the petition for writ of mandamus.
The Court further orders that its March 20, 2008 order temporarily staying all proceedings in the underlying cause, including the trial court’s Order on Plaintiff’s Motion for Discovery Sanctions, be vacated.
Tim Taft
Justice
Panel consists of Justices Taft, Keyes, and Alcala.
Justice Alcala, dissenting.