Baylor Regional Medical Center at Grapevine v. Ulises Rodriguez ( 2013 )

Order entered March 28, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00350-CV
BAYLOR REGIONAL MEDICAL CENTER AT GRAPEVINE, ET AL, Appellants
V.
ULISES RODRIGUEZ, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-12-02446-E
ORDER
Before the Court is the parties’ March 25, 2013 joint motion to abate the appeal. The
parties ask the Court to abate this accelerated appeal for thirty days to allow the Texas Supreme
Court to rule on a motion for rehearing of an opinion 1 that may be dispositive of this appeal. The
parties inform the Court that, if the Supreme Court denies the motion for rehearing, the appeal
will be moot and appellants will move to dismiss it.
There is no deadline for the Supreme Court to rule on a motion for rehearing. The
Supreme Court issued its opinion on February 15, 2013, and it is the law. Speculation that the
Supreme Court may change its mind and issue a new opinion on rehearing is not a basis for
postponing an appeal in this Court. Accordingly, we DENY the parties’ joint motion.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE
1
Certified EMS, Inc. v. Potts, No. 11-0517, 2013 WL 561471 (Tex., Feb. 15, 2013).