in Re: Intercare Hospital D/B/A Intracare Medical Center Hospital

• Court: Court of Appeals of Texas
• Decided: March 8, 2007
• Docket: 14-07-00127-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 8, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 8, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00127-CV

IN RE INTRACARE HOSPITAL

D/B/A INTRACARE MEDICAL CENTER,

 Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On February 14, 2007, relator IntraCare Hospital d/b/a IntraCare Medical Center Hospital filed a petition for writ of mandamus in this court, requesting we order respondent, the Honorable Joseph Halbach, Jr., presiding judge of the 333rd District Court, Harris County, Texas, to vacate an order granting a motion to compel production of an occurrence report.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.

Relator asserts that a hearing was conducted on the motion to compel on January 5, 2007, but failed to

 provide a transcript from that hearing and failed to provide a statement that no testimony was adduced

at the hearing. See Tex. R. App. P. 52.7(a) (stating a relator must file Aa certified or sworn copy of

every document . . . material to relator=s claim for relief@ and Aa properly authenticated transcript of

any relevant testimony from any underlying proceeding . . . or a statement that no testimony was

adduced in connection with the matter complained.@).  Because there is no transcript of the hearing nor

any statement, we cannot determine if the trial court abused its discretion in ruling as it did.  See In re

Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005).  Accordingly, we deny relator=s petition for writ

of mandamus.                                                                                    

PER CURIAM

Petition Denied and Memorandum Opinion filed March 8, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.