in Re Tenet Healthcare, Ltd.

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-480 CV

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IN RE TENET HEALTHCARE, LTD., ET AL.

Original Proceeding

MEMORANDUM OPINION ⁽¹⁾

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator seeks a writ of mandamus to compel the trial judge to vacate the portion of his order denying the relator's assertions of privilege and compelling relator to produce certain documents. The trial court denied the relator's assertions of medical committee and medical peer review privileges. After reviewing the petition and record, we conclude that the relator has not shown a clear abuse of discretion or violation of a duty imposed by law.

The petition for writ of mandamus, filed October 14, 2003, is DENIED.

PER CURIAM

Opinion Delivered October 27, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.