Opinion issued July 2, 2013
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00330-CV
———————————
IN RE SHATISH PATEL M.D., HEMALATHA VIJAYAN M.D.,
SUBODH SONWALKAR M.D., WOLLEY OLADUT M.D., Relators
Original Proceeding on Petition for Writ of Temporary Injunction
OPINION
Relators Shatish Patel M.D., Hemalatha Vijayan M.D., Subodh Sonwalkar
M.D., and Wolley Oladut M.D. have petitioned this court for a writ of temporary
injunction. 1 In the petition, relators complain that the defendant in the trial court
proceeding, St. Luke’s Sugar Land Partnership, L.L.P., intends to sell or transfer its
1
The underlying case is Shatish Patel, M.D. et al. v. St. Luke’s Sugar Land
Partnership, L.P., Case Number 2011-24016, in the 152nd District Court of Harris
County, Texas, the Honorable Robert Schaffer presiding.
“key asset,” St. Luke’s Sugar Land Hospital. The relators have separately filed an
interlocutory appeal of the trial court’s denial of their application for a temporary
injunction that sought to enjoin the Partnership from transferring any of its
property or interests.2
“The issuance of an extraordinary writ is not authorized when the relator
has an adequate remedy by appeal.” Holloway v. Fifth Court of Appeals, 767
S.W.2d 680, 684 (Tex. 1989). In this circumstance, the interlocutory appeal
already filed by the relators provides an avenue of relief, including procedures to
obtain temporary relief. See TEX. R. APP. P. 29.3 (“When an appeal from an
interlocutory order is perfected, the appellate court may make any temporary
orders necessary to preserve the parties’ rights until disposition of the appeal
. . . .”). Accordingly, the relief requested by relators is not, as they suggest,
necessary to preserve this court’s jurisdiction over the interlocutory appeal. See
Becker v. Becker, 639 S.W.2d 23, 24 (Tex. App.—Houston [1st Dist.] 1982, no
writ).
2
The related interlocutory appeal is Shatish Patel, M.D., et al. v. St. Luke’s Sugar
Land Partnership, L.L.P. and St. Luke’s Community Development Corporation—
Sugar Land, No. 01-13-00273-CV (filed Apr. 2, 2013).
2
We deny the petition for writ of injunction.
Michael Massengale
Justice
Panel consists of Chief Justice Radack and Justices Sharp and Massengale.
3