in Re Shatish Patel, MD., Hemalatha Vijayan, M.D., Subodh Sonwalkar, M.D., Wolley Oladut, M.D. ( 2012 )

Opinion issued December 10, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00977-CV
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IN RE SHATISH PATEL, M.D., HEMALATHA VIJAYAN, M.D.,
SUBODH SONWALKAR, M.D., AND WOLLEY OLADUT, M.D., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On October 24, 2012, relators filed a petition for writ of mandamus,
requesting that this court order the trial court to rule on a motion to compel
responses to 67 discrete discovery requests.*
*
The underlying case is Patel et al. v. St. Luke’s Sugar Land Partnership,
L.L.P. et al., No. 2011-24016, in the 152nd District Court of Harris County,
Texas, the Honorable Robert Schaffer presiding.
The mandamus record reflects multiple hearings and partial rulings on
relators’ motion, as well as ongoing proceedings in the trial court relating to the
motion. We conclude that, under the circumstances, the relators have not
demonstrated a refusal by the trial court to rule. See, e.g., Barnes v. State, 832
S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, no writ). Accordingly, we
deny the petition for writ of mandamus without prejudice to re-filing at a later
date. We dismiss all pending motions.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
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