in Re: Healthmark Partners, L.L.C., D/B/A Gulf Health Care Center in Galveston

• Court: Court of Appeals of Texas
• Decided: August 10, 2004
• Docket: 14-04-00743-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 10, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 10, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00743-CV

IN RE HEALTHMARK PARTNERS, L.L.C. D/B/A GULF HEALTH CARE CENTER IN GALVESTON , Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 10, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator asks this Court to issue a writ of mandamus ordering Judge Susan Criss of the 212th District Court of Galveston County to recuse herself or refer Relator=s motion to recuse to the presiding judge of the administrative judicial district.  See Tex. R. Civ. P.  18a.

However, relator has not provided a record reflecting that Judge Criss refused to recuse or refer the motion to the administrative judge.  Cf. In re Bledsoe, 41 S.W.3d 807, 811 (Tex. App.CFort Worth 2001, orig. proceeding) (holding that oral order of trial court may be considered in mandamus action if it is adequately shown by the trial court record ); In re Perritt, 973 S.W.2d 776, 779 (Tex. App.CTexarkana 1998, orig. proceeding) (holding that appellate court may consider oral ruling of trial court in mandamus action if it is adequately shown by the reporter=s record ). 

Accordingly, we deny relator=s petition for writ of mandamus, subject to reconsideration should relator provide this Court with an adequate record. 

PER CURIAM

Petition Denied and Memorandum Opinion filed August 10, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.