Walls Regional Hospital, et al. v. Honorable Tommy Altaras, Judge, County Court at Law No. 1, Johnson County, Texas--Appeal from of County

IN THE

TENTH COURT OF APPEALS

No. 10-94-223-CV

WALLS REGIONAL HOSPITAL, ET AL.,

Relators

v.

HONORABLE TOMMY ALTARAS, JUDGE,

COUNTY COURT AT LAW NO. 1,

JOHNSON COUNTY, TEXAS,

Respondent

Original Proceeding

O P I N I O N

Walls Regional Hospital and others, including the hospital administrators and chairman of the hospital's board of trustees, filed a motion for leave to file a petition for writ of mandamus as well as the petition for writ on July 28, 1994. They named Judge Tommy Altaras, Judge of the County Court at Law No. One, Johnson County, as Respondent, claiming that he clearly abused his discretion by issuing a void temporary restraining order dated July 22 and in failing to dissolve that order upon request and hearing. The Relators contended that they were being compelled, as a result of Judge Altaras' order, to allow a physician, Dr. Robert Roe, real party in interest, to admit and treat patients at Relator's hospital even though this physician's privilege to do so had been suspended. This court granted the motion for leave and set the matter for hearing on August 11. In the court's July 22 order, Respondent commanded that the hospital, its administrators, and chairman of the board of trustees appear before the court at 9:00 a.m. on July 25. At the July 25 hearing, the court extended the July 22 restraining order until 1:30 p.m. on August 8, when the court would conduct a hearing to determine whether the temporary restraining order should be converted to a temporary injunction.

The reply to the petition for writ indicated that the physician had been notified by letter from the Hospital Medical Executive Committee, dated July 29, that the summary suspension of July 25 had been lifted. The letter in question is attached to the reply as Exhibit A. The reply emphasizes that the issue in question before the court of appeals had become moot, and that at the hearing on the motion to dissolve, the physician had presented no evidence.

We agree that the case has become moot, as Judge Altaras' temporary restraining order expired on August 8 and because the Rule of Procedure itself provides that normally a temporary restraining order lasts fourteen days unless extended, one extension being allowed. See Tex. R. Civ. P. 680. The petition for writ is thus dismissed as moot.

PER CURIAM

Before Justice Cummings,

Justice Vance, and

Justice James (Retired)

Petition for writ dismissed as moot

Opinion delivered and filed August 17, 1994

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