University of Texas Medical School at Houston v. Than, 01-91-01431-CV
| Decision Date | 16 June 1992 |
| Docket Number | No. 01-91-01431-CV,01-91-01431-CV |
| Parties | UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON, M. David Low, M.D., and John Ribble, M.D., Appellants, v. Allan THAN, Appellee. (1st Dist.) |
| Court | Texas Court of Appeals |
Dan Morales, Atty. Gen., Leo Barnes, Tammy L. Stroud, Asst. Atty. Gen., Austin, for appellants.
Bruce Coane, Houston, for appellee.
Before OLIVER-PARROTT, C.J., and WILSON and DUNN, JJ.
The sole issue presented for review in this appeal is whether the trial court abused its discretion in granting a temporary injunction that allowed Allan Than, appellee, to complete his medical studies at the University of Texas Medical School at Houston. 1 We hold that the trial court did not abuse its discretion and affirm.
Than completed his fourth year of medical school at the University of Texas Medical School at Houston (the medical school) in June of 1992. As part of Than's medical education, he was required at various times to take national medical board exams, referred to as the NBME. On February 22, 1991, Than took the surgery NBME with other medical students in a test room supervised by proctors. During the exam, two of the proctors suspected that Than was glancing at another student's answer sheet. On March 12, 1991, the associate dean for student affairs contacted Than and told him that he was suspected of cheating on the NBME surgery exam.
On April 4, 1991, the medical school sent Than a letter advising him that he was charged with academic dishonesty. The letter stated that he would be afforded a hearing, in accordance with The Rules and Regulations of the Board of Regents of the University of Texas System for the Government of the University of Texas System (the rules and regulations). The hearing took place on April 18, 1991. On April 28, 1991, the hearing officer issued her decision that recommended Than be expelled from the medical school. Than appealed the recommendation to appellant David Low, M.D., who is President of University of Texas Health Science Center at Houston. On May 9, 1991, Than received a letter from appellant John Ribble, M.D., Dean of the medical school, that informed Than that he could not participate in any clinical clerkship activities at the medical school unless and until Dr. Low reversed the decision of the hearing officer.
On May 24, 1991, Than filed a lawsuit against appellants, seeking a temporary restraining order, temporary injunction, and permanent injunctive relief. Than claimed violation of due process rights and breach of contract. The case was removed to federal court, where Than obtained temporary restraining orders that allowed him to continue his studies. The record reflects that the case was returned to state court, where Than was granted a temporary restraining order, and the trial court set a date for a hearing on the request for temporary injunction.
After a hearing on November 18, 1991, the trial court concluded that Than proved that he will probably prevail on the merits of his due process claim against appellants and entered a temporary injunction order that provides, in pertinent part:
1. That Defendants treat Plaintiff, with respect to his continued studies and other activities within and in connection with medical school, such as registering for and attending classes, performing clinics and taking examinations, as a student in good standing;
....
4. That Defendants respond as they would to any similarly situated student in good standing, to Plaintiff's request for all letters and other information required by Plaintiff in making his application(s) for residencies. Defendants may, however, apprise any institution to whom such information is sent of the pendency of this litigation by including with such information a letter or statement that is worded as follows: If the University receives any inquiries as a result of such a letter, it shall maintain the confidentiality of its internal hearing and shall not disclose its previous determination that Plaintiff was guilty of academic dishonesty and expelled, and shall limit its response to informing the inquiring institution of the style and cause number of this litigation; ...
The trial court's order granting the temporary injunction against the medical school was entered on November 26, 1991. This Court is not aware of any future date setting the case for a trial on the merits. Previous settings have been continued by request of the parties.
Appellants now appeal the trial court's grant of the temporary injunction. In a single point of error, they contend that the district court erred in granting the temporary injunction because Than did not show a probable right of recovery. Than has requested that this Court grant his emergency motion to find the medical school in contempt for its alleged violation of the temporary injunction order and to order that the school issue Than's Certificate of Professional Education to the University of Virginia Health Science Center, furnish Than with his medical diploma for the purpose of completing the FLEX examination, and order that Than be permitted to participate in commencement proceedings on June 5, 1992.
On June 4, 1992, this Court ordered the medical school to permit Than to participate in graduation proceedings as would a student in good standing, without prejudice to either of the parties as to a final determination on the merits of his trial. University of Texas Medical School at Houston v. Than, 834 S.W.2d 422 (Tex.App.--Houston [1st Dist.], 1992) (order); see TEX.R.APP.P. 43(c). Our order did not require the medical school to issue a diploma to Than at graduation.
Appellants maintain that the district court erred in granting the temporary injunction because Than has not shown a probable right of recovery. To be entitled to the issuance of a temporary injunction, an applicant must plead a cause of action and show a probable right of recovery and a probable injury in the interim. Sun Oil Co. v. Whitaker, 424 S.W.2d 216, 218 (Tex.1968); Henderson v. KRTS, Inc., 822 S.W.2d 769, 773 (Tex.App.--Houston [1st Dist.] 1992, n.w.h.); Miller v. K & M Partnership, 770 S.W.2d 84, 87 (Tex.App.--Houston [1st Dist.] 1989, no writ). Probable injury includes the elements of imminent harm, irreparable injury, and no adequate remedy at law for damages. Surko Enter., Inc. v. Borg-Warner Acceptance Corp., 782 S.W.2d 223, 225 (Tex.App.--Houston [1st Dist.] 1989, no writ).
At the hearing for a temporary injunction, the only question before the trial court is whether the applicant was entitled to an order to preserve the status quo pending trial on the merits. Davis v. Huey, 571 S.W.2d 859, 862 (Tex.1978); Martin v. Linen Sys. for Hosp., Inc., 671 S.W.2d 706, 709 (Tex.App.--Houston [1st Dist.] 1984, no writ). The status quo is defined as the last, actual, peaceable, noncontested status that preceded the controversy. State v. Southwestern Bell Tel. Co., 526 S.W.2d 526, 528 (Tex.1975).
An order granting a temporary injunction should not adjudicate the issues. Matlock v. Data Processing Sec., Inc., 607 S.W.2d 946, 951 (Tex.App.--Fort Worth 1980), aff'd, 618 S.W.2d 327 (Tex.1981). Rule 683 of the Texas Rules of Civil Procedure requires the trial court to state the reasons why the court deems it proper to issue the writ to prevent injury to the applicant, including any reasons why the court believes the applicant's probable rights will be endangered if the writ is not issued. Transport, Co. of Tex. v. Robertson Transp., Inc., 152 Tex. 551, 261 S.W.2d 549, 553 (1953); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.--Houston [1st Dist.] 1991, orig. proceeding).
The appellate court's review of the temporary injunction is limited to whether the trial court clearly abused its discretion in granting the order; this Court will not decide the merits of the underlying cause. Davis, 571 S.W.2d at 861-62; Moreno, 808 S.W.2d at 211. The reviewing court may not substitute its judgment for that of the trial court. Henderson, 822 S.W.2d at 773. We must determine whether the trial court's action was so arbitrary that it exceeded the bounds of reasonable discretion. Moreno, 808 S.W.2d at 211. The trial court abuses its discretion when it misapplies the law to established facts or when it concludes the applicant has a probable right of recovery, and the conclusion is not reasonably supported by the evidence. Southwestern Bell Tel. Co., 526 S.W.2d at 528; Eastern Energy, Inc. v. SBY Partnership, 750 S.W.2d 5, 6 (Tex.App.--Houston [1st Dist.] 1988, no writ).
At the hearing on the temporary injunction, the trial court heard testimony from Dr. Ribble, Dr. Low, Dr. McNeese, Than, and Professor Michael A. Olivas, who is Associate Dean for Research at the University of Houston Law Center. Other evidence offered by the parties included the following: the University of Texas Medical School Guidelines; the transcript of the student disciplinary hearing; letters from Dr. Hebert to Dr. Low, from Dr. Reed, associate professor of psychiatry and director of undergraduate education, to Dr. Low, and from Dr. Collura to Dr. Low; Professor Olivas' resume; pages from the NBME Chief Proctor's Manual; letter of appeal from Than; the medical school's rebuttal to the appeal letter; Dr. Low's letter regarding Than's appeal; and a copy of the Board of Regents' rules and regulations.
After hearing the testimony of the witnesses and reviewing the evidence presented at...
To continue reading
Request your trial
-
Alcorn v. Vaksman
... ... 01-91-01406-CV ... Court of Appeals of Texas, ... Houston (1st Dist.) ... May 12, 1994 ... members of the board of regents of the University of Houston, the president of the University, and ... required to sue the State for relief other than money damages for denial of state constitutional ... University of Texas Medical Sch. v. Than, 834 S.W.2d 425, 432 ... study area by dismissing him from school; and ... * students "over and over" take two ... ...
- University of Texas Medical School at Houston v. Than
-
Ichiban Records, Inc. v. Rap-A-Lot Records, Inc.
... ... Court of Appeals of Texas, ... Houston (1st Dist.) ... Jan. 29, 1996 ... order was untimely because it was filed more than 20 days after the order. TEX.R.APP.P ... University of Tex. Medical Sch. v. Than, 834 S.W.2d 425, ... ...
- University of Texas Medical School at Houston v. Than