Charlie Sheen, Brooke Mueller

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A seriously sick Brooke Mueller is throwing herself at the mercy of the court.

"Brooke had to have emergency surgery to have her wisdom tooth extracted," Mueller's mother, Moira Fiore, exclusively tells E! News. "It became infected.  The infection spread and now she has pneumonia in both lungs."

Mueller was admitted to the ICU at Sherman Oaks Hospital today with a 105-degree fever and, according to her attorney, she's "not doing great."

"Brooke is still in the hospital. She's doing OK but she's not doing great," lawyer Yale Galanter tells E! News. "We thought there was a possibility she was going to be released today, but she's not because she has developed pneumonia in her lungs."

While a postponement is expected, a judge in Aspen, Colo., will officially rule tomorrow morning on whether to accept the motion to take the 32-year-old's order of protection hearing against husband Charlie Sheen off the docket for the week, according to Galanter.

"When her medical condition changed, it was my opinion there was no way she could be in Aspen for a Friday hearing, and the judge is not allowing her to appear by phone," he said. "So, we filed a motion requesting the hearing date be pushed to Feb. 8."

Mueller and Sheen were originally supposed to appear yesterday, but the hearing was bumped to Friday after Mueller became ill. A judge had ordered both spouses to be present.

Also today, Pitkin County District Court Judge James Boyd approved Galanter's emergency motion to allow Sheen to visit his wife in the hospital, which he's already done.

"The judge did sign an order allowing Charlie and Brooke to have contact," Galanter said. "The order will read as long as Brooke is in the hospital, Charlie can see her.

"The judge wants to have a status conference on that issue tomorrow morning at 9 a.m., so nothing has been decided," he continued. "The reports saying the hearing has been canceled are wrong. The judge has not made a decision on our request one way or another."

Boyd denied Galanter's request to allow an ailing Mueller to participate Wednesday via teleconference.


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