Doctors Hospital Facilities v. Fifth Court of Appeals

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, 735 S.W.2d 244 (Tex.App.—Dallas 1987, writ granted). Doctors Hospital has filed a Petition for Writ of Mandamus, requesting us to…