Riley v. St Luke's Epis Hosp

252 F.3d 749

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 15, 1999
• Docket: 97-20948
• Status: Published

Opinion

REVISED 12/15/99

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________

No. 97-20948 _______________

JOYCE RILEY,

Plaintiff-Appellant,

versus

ST. LUKE'S EPISCOPAL HOSPITAL; DR. BRANISLAV RADOVANCEVIC; O. HOWARD FRAZIER, M.D.; SURGICAL ASSOCIATES OF TEXAS, P.A.; UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON; BAYLOR COLLEGE OF MEDICINE; TEXAS HEART INSTITUTE; and EDWARD K. MASSIN, M.D.,

Defendants-Appellees.

_________________________

Appeal from the United States District Court for the Southern District of Texas _________________________

(Opinion November 15, 1999, 5 Cir., ___ F.3d ___) November 15, 1999

Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.*

* Chief Judge King is recused and did not participate in this matter. BY THE COURT:

The internal policies of this court provide for the

pre-circulation, to all non-recused active judges, of a proposed

panel opinion that will create a circuit split. Those policies

also allow any active judge to request, before the opinion is

issued, a poll on whether the case should be reheard en banc after

the opinion is issued.

A member of the court in regular active service having

requested a poll pursuant to that policy, and a majority of the

judges in regular active service having voted in favor of granting

rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en

banc with oral argument on a date hereafter to be fixed. The Clerk

will specify a briefing schedule for the filing of supplemental

briefs.