In re Tenet Healthcare3/25/2003
Relator, Tenet Healthcare, Ltd., d/b/a Brownsville Medical Center, filed a petition for writ of mandamus on September 5, 2002, complaining of the actions of the respondent, the Honorable Benjamin Euresti, Jr., presiding judge of the 107th District Court of Cameron County, Texas. Relator asked this Court to vacate relator's order of July 24, 2002, in cause number 2000-1-129-C. Relator also filed a motion for temporary relief requesting, inter alia, that this Court stay all trial court proceedings in said cause, pending our review of the petition for writ of mandamus. On September 11, 2002, this Court stayed all trial court proceedings in cause number 2000-1-129-C, and, in a subsequent order on October 2, 2002, clarified the September 11, 2002 order allowing the respondent, Judge Euresti, to reduce his oral July 24, 2002 rendition to a written order. This Court further ordered the real parties in interest, Oralia Flores, et al., to respond to relator's petition for writ of mandamus, which real parties in interest complied with by responding on September 19, 2002. This Court, having fully examined and fully considered said petition and response thereto, hereby DENIES relator's petition for writ of mandamus.
Facts and Procedural History
This mandamus proceeding arises from a lawsuit for medical malpractice against Dr. Harold Randecker and negligent credentialing against relator, Tenet Healthcare, Ltd., d/b/a Brownsville Medical Center ("Tenet"). This case was assigned to the 197th District Court, of which respondent, the Honorable Migdalia Lopez, is the regular presiding judge. Real parties in interest filed this lawsuit in 2000 and attempted to have it certified as a class action. The trial court requested discovery with regard to class certification. On February 2001, relator urged Judge Lopez to dismiss the lawsuit, or alternatively to sever the two claims into separate lawsuits. At that time, counsel for real parties in interest advised the court he was no longer attempting to have a class certified. Relator and Dr. Randecker sought to have the lawsuit dismissed, alleging the medical report filed was insufficient. See Tex. Rev. Civ. Stat. Ann., art 4590i (Vernon Supp. 2003). On March 16, 2001, at the hearing to review these motions, Judge Lopez declined to rule on the motion to dismiss, stating that "since at this time for sure we know there is no certification, then I'm going to give you days to begin as of today. I want him to reurge his motion [motion to dismiss]." Judge Lopez also denied the motion for severance, but stated she was inclined to grant severance after the parties entered a docket control order.
On April 4, 2001, Tenet filed a petition for writ of mandamus in this Court regarding Judge Lopez's denial of its motion to dismiss. This Court denied the request. Tenet filed a subsequent petition for writ of mandamus in the Texas Supreme Court on April 19, 2001. After requesting full briefing, the supreme court denied the petition on February 7, 2002. On June 18, 2002, the trial court set a hearing for June 26, 2002, to review Tenet's second motion for severance. Judge Lopez was on vacation during the week of June 26, 2002. The Honorable Robert Barnes, assigned to preside as visiting judge for Judge Lopez from June 24-28, 2002, conducted the hearing. Judge Barnes inquired as to whether the real parties in interest had put up a bond. Counsel for real parties in interest stated that she did not know whether any bonds had been put up, but that two expert medical reports had been filed. After hearing arguments regarding the motion for severance, Judge Barnes stated, " f the bonds have not been put in, I am going to dismiss this case because the statute calls for that
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