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DOCTORS HOSP. v. FIFTH COURT OF APPEALS

No. C-6577.

750 S.W.2d 177 (1988)

DOCTORS HOSPITAL FACILITIES, d/b/a Doctors Hospital et al., Petitioners, v. FIFTH COURT OF APPEALS et al., Respondents.

Supreme Court of Texas.

May 18, 1988.

Attorney(s) appearing for the Case

R. Brent Cooper and Michael W. Huddleston, Cowles & Thompson, Robert A. Gwinn and Kenneth C. Stone, Gwinn & Roby, Dallas, for petitioners.

W. James Kronzer, Houston, Douglas D. Mulder, Dallas, Ronald D. Krist, Krist, Gunn, Weller, Neumann & Morrison, Houston, John H. Hagler, Dallas, for respondents.

WALLACE, Justice.

The issue in this original proceeding is whether a court of appeals has the power to rule upon a party's timely filed motion for rehearing, after an application for writ of error has already been filed by the opposing party. Relators, collectively referred to as Doctors Hospital, were the Appellees in a cause before the Fifth Court of Appeals, and are the Respondents in that same cause now pending in this court. Rose v. Doctors Hospital Facilities...

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