In Re Liberty-Dayton Hospital, Inc. and Laura Williamson--Appeal from 253rd District Court of Liberty County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-115 CV
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IN RE LIBERTY-DAYTON HOSPITAL, INC.
AND LAURA WILLIAMSON
Original Proceeding
MEMORANDUM OPINION

When denying relief, the Court may hand down an opinion but is not required to do so. Tex. R. App. P. 52.8(d). We advise the parties of our decision in this memorandum opinion. Tex. R. App. P. 47.4.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). Relators seek a writ of mandamus to compel the trial judge to enter an order dismissing the medical malpractice case filed by the real parties in interest. The trial court found that the expert reports filed by the real parties in interest constitute a good faith effort to comply with the applicable statute. See Tex. Rev. Civ. Stat. Ann. art. 4590i 13.01 (Vernon Supp. 2003). After reviewing the petition and record, we conclude that the relators have not shown a clear abuse of discretion or violation of a duty imposed by law.

The Motion for Stay is DENIED. The petition for writ of mandamus, filed February 25, 2003, is DENIED.

PER CURIAM

 

Opinion Delivered March 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.