in Re: The Center for Health Care Services and Leon Evans, Executive Director

• Court: Court of Appeals of Texas
• Decided: September 25, 2003
• Docket: 14-03-00819-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 25, 2003

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 25, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00819-CV

IN RE THE CENTER FOR HEALTH CARE SERVICES

and LEON EVANS, EXECUTIVE DIRECTOR, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 24, 2003, relators filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221; see also Tex. R. App. P. 52.  In their petition, relators ask this Court to compel the Hon. Debbie Mantooth Stricklin, presiding judge of the 180th Judicial District Court in Harris County, to set aside her orders of May 27, 2003, and June 30, 2003, for Extended Mental Health Services in cause numbers 729,925 and 727,765, styled In Re N.D.C.  Relators have also perfected accelerated appeals of these orders, which  are currently pending in this Court under numbers 14-03-00848-CV and 14-03-00849-CV.  Because relators have agreed (without wavier of their objections) to provide the outpatient services ordered by respondent pending disposition of these appeal, we find that these appeals provide them an adequate remedy .  See Walker v. Packer, 827 S.W.2d 833, 842 (Tex. 1992) (reaffirming that remedy by appeal is not inadequate merely because party may incur more expense and delay than in obtaining a writ of mandamus).

Accordingly, we deny relators= petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed September 25, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.