Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 8, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-07-00127-CV
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IN RE INTRACARE HOSPITAL
D/B/A INTRACARE MEDICAL CENTER,
Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On February 14, 2007, relator IntraCare Hospital d/b/a IntraCare Medical Center Hospital filed a petition for writ of mandamus in this court, requesting we order respondent, the Honorable Joseph Halbach, Jr., presiding judge of the 333rd District Court, Harris County, Texas, to vacate an order granting a motion to compel production of an occurrence report. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.
Relator asserts that a hearing was conducted on the motion to compel on January 5, 2007, but failed to
provide a transcript from that hearing and failed to provide a statement that no testimony was adduced
at the hearing. See Tex. R. App. P. 52.7(a) (stating a relator must file Aa certified or sworn copy of
every document . . . material to relator=s claim for relief@ and Aa properly authenticated transcript of
any relevant testimony from any underlying proceeding . . . or a statement that no testimony was
adduced in connection with the matter complained.@). Because there is no transcript of the hearing nor
any statement, we cannot determine if the trial court abused its discretion in ruling as it did. See In re
Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005). Accordingly, we deny relator=s petition for writ
of mandamus.
PER CURIAM
Petition Denied and Memorandum Opinion filed March 8, 2007.
Panel consists of Justices Yates, Anderson, and Hudson.