In Re: Walnut Hill Physicians' Hospital, LLC, D/B/A Walnut Hill Medical Center Appeal from 192nd Judicial District Court of Dallas County (memorandum opinion)
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DENY and Opinion Filed April 22, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00695-CV IN RE WALNUT HILL PHYSICIANS’ HOSPITAL, LLC D/B/A WALNUT HILL MEDICAL CENTER, Relator Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-06696 MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne In this original proceeding, relator Walnut Hill Physicians’ Hospital, LLC d/b/a Walnut Hill Medical Center petitions this Court for a writ of mandamus ordering respondent to vacate and set aside her August 13, 2021 order denying relator’s motion to quash a trial subpoena and to quash the trial subpoena at issue. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relator’s petition, the response, relator’s reply, the parties’ letters regarding supplemental authorities, and the record, we conclude that relator has failed to demonstrate a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). /Leslie Osborne/ LESLIE OSBORNE JUSTICE Goldstein, J., dissenting without opinion. 210695F.P05 –2–
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