in Re: Christus Health Gulf Coast D/B/A Christus St. Catherine Health & Wellness Center ( 2005 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 16, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 16, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01107-CV

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IN RE CHRISTUS HEALTH GULF COAST D/B/A CHRISTUS ST. CATHERINE HEALTH & WELLNESS CENTER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On October 31, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator asks this court to direct the Honorable Kent Sullivan, Judge of the 80th District Court of Harris County, Texas, to vacate his order of September 29, 2005, denying Relator=s Motion for Protective Order.

In determining whether mandamus should issue, we confine our focus to the record that was before the trial judge when the complained‑of ruling was made.  See In re Bristol‑Myers Squibb Co., 975 S.W.2d 601, 605 (Tex.1998) (orig. proceeding).   The record before the trial court at the time of September 29, 2005, does not establish Relator is entitled to mandamus relief.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 16, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.