Opinion
No. 09-04-051 CV.
Opinion Delivered February 12, 2004.
Original Proceeding.
Thomas K. Kruppstadt — Gauntt Kruppstadt, LLP — The Woodlands Timothy L. Culberson — Gauntt Kruppstadt, LLP — The Woodlands for relators.
Dale Burrus Frisby — Kroger, Myers Frisby — Houston Jim Martin — The Martin Law Firm — Houston for real party in interst.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Liberty-Dayton Hospital, Inc. and Sean Stricker seek a writ of mandamus to compel the trial judge to set aside a default judgment taken by the real party in interest, Alice Wordlaw, against co-defendants Merrimon Baker, M.D., and Merrimon Baker, M.D., P.A. Relators allege that Wordlaw obtained the default judgment against the Baker defendants without notice to the relators as required by Rule 21, Texas Rules of Civil Procedure. Trinity Universal Ins. Co. v. Briarcrest Country Club Corp., 831 S.W.2d 453, 456 (Tex. App-Houston [14th Dist.] 1992, no writ).
After reviewing the petition and record, and taking judicial notice of the record filed in Baker's appeal, we conclude that the relators have not shown that appeal is not an adequate remedy. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992).
The appeal, Baker v. Wordlaw, No. 09-03-00498 CV (Tex. App.-Beaumont February 12, 2004, no pet. h.), is being dismissed today upon the voluntary motion of the appellants.
The Relators' request for emergency stay of proceedings in the trial court is denied. The petition for writ of mandamus, filed February 2, 2004, is DENIED.