In Re Hotshot Anna LLC and Bashar Mohammad Alotaibi v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2024
• Docket: 14-23-00901-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 9, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00901-CV

IN RE HOTSHOT ANNA, LLC AND BASHAR MOHAMMAD ALOTAIBI, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 61st District Court Harris County, Texas Trial Court Cause No. 2023-30507

MEMORANDUM OPINION

On November 29, 2023, relators Hotshot Anna, LLC and Bashar Mohammad Alotaibi filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this Court to compel the Honorable Fredericka Phillips, presiding judge of the 61st District Court of Harris County, to vacate the trial court’s September 18, 2023 order denying relators’ motion to compel plaintiff’s independent medical examination, and the trial court’s October 16, 2023 order denying relators’ motion to reconsider order denying motion to compel physical examination.

In the mandamus record before this Court, relators have included a November 3, 2023 affidavit by Dr. Mark W. Maffet, M.D., attesting that additional information about the existence, nature and extent of plaintiff’s injuries could be discovered upon physical examination. This affidavit was not before the trial court prior to the trial court denying relators’ motion to compel an independent medical examination and denying relators’ motion to reconsider.

Relators have not established that they are entitled to mandamus relief. Accordingly, we deny relators’ petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Jewell.