Charlie and Brooke's Court Reunion Postponed as She Continues to Battle Pneumonia

Judge signs off on couple's request to delay restraining order hearing until next month while she remains in ICU

By Natalie Finn, Aly Weisman Jan 21, 2010 5:16 PMTags
Charlie Sheen, Brooke MuellerJon Kopaloff/Getty Images

It's official now. Charlie Sheen and Brooke Mueller won't be making the trek to Aspen tomorrow to ask the court to lift the order of protection barring him from seeing her.

With Mueller in intensive care at a Los Angeles-area hospital, battling pneumonia in both lungs, lawyers for the couple petitioned Judge James B. Boyd to move the hearing to Feb. 8. This morning, he signed off.

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

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

"We thought there was a possibility she was going to be released," he said, citing the doctor's initial prognosis.

"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."

Because of the court-mandated restraining order, the couple had remained apart since their Christmas Day bust-up. However, due to Mueller's medical emergency, Sheen was allowed to visit the hospital yesterday.

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