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in Re Ronald E. Gotanco, M.D. and Star Anesthesia, P.A.

Citation: Not availableDocket: 04-14-00604-CV

Court: Court of Appeals of Texas; September 25, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On August 26, 2014, Ronald E. Gotanco, M.D. and Star Anesthesia, P.A. filed a petition for a writ of mandamus with the Fourth Court of Appeals in San Antonio, Texas. After reviewing the petition, responses from the respondent and real parties in interest, and the relators’ reply, the court determined that the relators were not entitled to the requested relief. Consequently, the petition for writ of mandamus was denied, as per Texas Rule of Appellate Procedure 52.8(a). An opinion from the court will follow at a later date. The order was issued on September 25, 2014, by Justice Sandee Bryan Marion, with the case originating from Cause No. 2012-CI-09786, involving Tonya R. Catalano and Anthony N. Catalano against Gotanco and Star Anesthesia, presided over by Judge Barbara Hanson Nellermoe in the 131st Judicial District Court, Bexar County, Texas. The clerk of court, Keith E. Hottle, authenticated the document.

Legal Issues Addressed

Judicial Authority in Denying Mandamus Relief

Application: The decision to deny the writ of mandamus petition was made by the Fourth Court of Appeals after considering all submissions, demonstrating the court's authority to assess and reject insufficient claims.

Reasoning: After reviewing the petition, responses from the respondent and real parties in interest, and the relators’ reply, the court determined that the relators were not entitled to the requested relief.

Procedural Issuance of Judicial Orders

Application: Justice Sandee Bryan Marion issued the order denying the petition, following procedural norms in judicial decision-making, with an opinion to be provided later.

Reasoning: The order was issued on September 25, 2014, by Justice Sandee Bryan Marion, with the case originating from Cause No. 2012-CI-09786.

Writ of Mandamus Under Texas Rule of Appellate Procedure 52.8(a)

Application: The court evaluated the petition for a writ of mandamus and determined that the relators did not meet the criteria necessary to obtain the requested relief under the rule.

Reasoning: Consequently, the petition for writ of mandamus was denied, as per Texas Rule of Appellate Procedure 52.8(a).