Opinion
No. 09-03-115 CV.
Opinion Delivered March 6, 2003.
Original Proceeding.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
When denying relief, the Court may hand down an opinion but is not required to do so. Tex.R.App.P. 52.8(d). We advise the parties of our decision in this memorandum opinion. Tex.R.App.P. 47.4.
Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relators seek a writ of mandamus to compel the trial judge to enter an order dismissing the medical malpractice case filed by the real parties in interest. The trial court found that the expert reports filed by the real parties in interest constitute a good faith effort to comply with the applicable statute. See Tex. Rev. Civ. Stat. Ann. art. 4590i § 13.01 (Vernon Supp. 2003). After reviewing the petition and record, we conclude that the relators have not shown a clear abuse of discretion or violation of a duty imposed by law.
The Motion for Stay is DENIED. The petition for writ of mandamus, filed February 25, 2003, is DENIED.