in Re: Pearland Convalescent Center, Inc D/B/A Windsong Village Convalescent Center

• Court: Court of Appeals of Texas
• Decided: December 23, 2003
• Docket: 14-03-01316-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 23, 2003

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 23, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01316-CV

IN RE PEARLAND CONVALESCENT CENTER, INC., Relator

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ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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M E M O R A N D U M   O P I N I O N

            On November 21, 2003, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov’t. Code Ann. § 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.  In the petition, relator asserts the trial court abused its discretion in denying its motion to dismiss for failure to provide adequate expert reports pursuant to article 4590i, section 13.01, the Medical Liability and Insurance Improvement Act.^[1]

            Relator has not established the trial court abused its discretion.  Moreover, there is an adequate remedy at law.  We deny relator’s petition for writ of mandamus.

                                                                        PER CURIAM

Petition Denied and Memorandum Opinion filed December 23, 2003.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

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            ^[1]   Tex. Rev. Civ. Stat. Ann. Art. 4590i, § 13.01 (repealed by Act eff. Sept. 1, 2003, 78th Leg. R.S., ch. 204, § 10.09, 2003 Tex. Sess. Law Serv. 884).  Actions filed before the effective date of the new law are governed by the law in effect immediately before the change in law made.  See Act eff. Sept. 1, 2003, 78th Leg. R.S., ch. 204, § 23.02, 2003 Tex. Sess. Law Serv. 899.