In re Physicians and Surgeons Hospital of Alice, L.P. d/b/a San Diego Medical Clinic, and Frank Rinaldi, P.A.--Appeal from 229th Judicial District Court of Duval County

MEMORANDUM OPINION
No. 04-03-00719-CV
IN RE PHYSICIANS AND SURGEONS HOSPITAL OF ALICE, L.P.

d/b/a San Diego Medical Clinic, and Frank Rinaldi, P.A.

Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 8, 2003

MOTION FOR IMMEDIATE TEMPORARY RELIEF DENIED; PETITION FOR WRIT OF MANDAMUS DENIED

On September 26, 2003, relators filed a Motion for Immediate Temporary Relief and a Petition for Writ of Mandamus. Relators allege the trial court abused its discretion by denying their request for a 60 day abatement pursuant to the Texas Medical Liability and Insurance Improvement Act, art. 4590i, section 4.01, and in denying their motion to compel production of records pertaining to a investigation performed by the Texas Department of Protective and Regulatory Services. This court has determined that the relators are not entitled to the relief sought. Accordingly, relators' petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relators shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. DC-02-235, styled Antonia Barrera, Individually and as Representative of the Estate of David Barrera, Plaintiffs, and Raul Jones, Sr., Intervenor, v. Dante Peptito, M.D., Physicians and Surgeons Hospital of Alice, L.P. d/b/a San Diego Medical Clinic and Frank Rinaldi, P.A., pending in the 229th Judicial District Court, Duval County, the Honorable Alex W. Gabert, presiding.