COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-13-00355-CV
IN RE: TENET HOSPITALS LIMITED, §
A TEXAS LIMITED PARTNERSHIP AN ORIGINAL PROCEEDING
D/B/A PROVIDENCE MEMORIAL §
HOSPITAL IN MANDAMUS
RELATOR, §
§
MEMORANDUM OPINION
Relator, Tenet Hospitals Limited, a Texas Limited Partnership d/b/a Providence Memorial
Hospital, has filed a petition for writ of mandamus, asking this Court to compel the respondent, the
Honorable Sergio Enriquez, to vacate his order of October 31, 2013. The trial court ordered
Relator to respond to the real party in interest’s interrogatory regarding prior lawsuits filed against
Relator since January 1, 2003 at any Tenet owned facility that involved discrepancies for test
results between departments at those facilities. We set the case for oral argument on June 5, 2014.
Relator requested we postpone oral argument as the parties were seeking to resolve their dispute.
We granted that motion.
Subsequently, Relator filed a motion to dismiss this mandamus proceeding because the
1
parties have settled the underlying case. Cf. TEX.R.APP.P. 42.1(a). The motion to dismiss has
been on file for more than ten days and indicates it has been served upon the real parties in
interest’s counsel and that the real party in interest does not oppose the motion. See TEX.R.APP.P.
10.1(a)(5), 10.3(a)(2). As of today, we have received no response or opposition to the motion.
No opinion has issued. See TEX.R.APP.P. 42.1(c).
Relator’s requested relief in the petition for writ of mandamus is now moot. The motion is
granted without prejudice, and we dismiss this original proceeding without reference to the merits.
July 23, 2014
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
2