In Re Leo Lapuerta, M.D., F.A.C.S., and the Plastic Surgery Institute of Southeast Plastic Surgery Institute of Southeast Texas, P.A. v. the State of Texas
This text of In Re Leo Lapuerta, M.D., F.A.C.S., and the Plastic Surgery Institute of Southeast Plastic Surgery Institute of Southeast Texas, P.A. v. the State of Texas (In Re Leo Lapuerta, M.D., F.A.C.S., and the Plastic Surgery Institute of Southeast Plastic Surgery Institute of Southeast Texas, P.A. v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued August 13, 2024
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-23-00860-CV ——————————— IN RE LEO LAPUERTA, M.D., F.A.C.S. AND THE PLASTIC SURGERY INSTITUTE OF SOUTHEAST TEXAS, P.A., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Leo LaPuerta, M.D., F.A.C.S. and The Plastic Surgery Institute of
Southeast Texas, P.A., filed a petition for writ of mandamus challenging the trial
court’s September 1, 2023 “Amended Order Granting [Real Party in Interest, Jose
Torres’s] Motion for New Trial.”1 Relators requested that the Court issue a writ of
1 The underlying case is Jose Torres v. Leo LaPuerta, M.D., F.A.C.S. and The Plastic Surgery Institute of Southeast Texas, P.A., Cause No. 2018-28993, in the 113th mandamus directing the trial court to “vacate and set aside” the new trial order and
to further “issue a new [o]rder denying [Torres’s] Motion for New Trial, and direct
[the trial court] to sign a take-nothing Final Judgment in favor of [relators].”
In connection with their petition for writ of mandamus, on April 30, 2024,
relators filed an “Unopposed Motion for Immediate Temporary Relief.” In their
motion, relators requested a stay of a May 20, 2024 trial setting in the underlying
trial court case pending this Court’s resolution of relators’ petition for writ of
mandamus. The Court granted relators’ motion on May 7, 2024, staying the May
20, 2024 trial setting.
Our review of relators’ petition for writ of mandamus reflects that relators
have failed to establish they are entitled to mandamus relief. We therefore lift the
stay imposed by our May 7, 2024 order and deny relators’ petition for writ of
mandamus. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Landau, Countiss, and Guerra.
District Court of Harris County, Texas, the Honorable Rabeea Sultan Collier presiding.
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