in Re Medistar Corporation
This text of in Re Medistar Corporation (in Re Medistar Corporation) 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
PER CURIAM
Sitting: Catherine Stone, Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: October 10, 2007
PETITION FOR WRIT OF MANDAMUS DENIED
On September 25, 2007, relator filed a petition for a writ of mandamus raising two issues. As to its first issue, relator seeks alternative relief pursuant to Texas Rule of Appellate Procedure 24.4. The court is of the opinion that relator's first issue should be construed as a motion filed pursuant to Texas Rule of Appellate Procedure 24.4(a). See Tex. R. App. P. 24.4(a). Therefore, in accordance with this court's October 1, 2007 order, issue one is reassigned to the related pending appellate cause number for consideration.
In addition, the court is of the opinion that relator's second issue should be denied because relator has an adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992); Tex. R. App. P. 52.8(a). Accordingly, issue two is denied.
1. This proceeding arises out of Cause No. 2004-CI-18715, styled Medistar Corporation v. Sports Medicine
Associates of San Antonio, P.A.; Sports SA Holdings, L.P.; Dr. David R. Schmidt, M.D.; Don Lowell Ryan; Sports S.A.,
L.L.C.; Charles A. Syms, III, M.D. and Christopher Pederson, M.D., pending in the 225th Judicial District Court, Bexar
County, Texas, the Honorable Peter A. Sakai presiding.
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