in Re: Avco Corporation

• Court: Court of Appeals of Texas
• Decided: December 3, 2004
• Docket: 14-04-01147-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 3, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 3, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-01147-CV

IN RE AVCO CORPORATION, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 2, 2004, relator filed a petition for writ of mandamus and a motion for emergency relief in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator contends the trial court abused its discretion by refusing to disqualify an expert hired by real party in interest, Interstate Southwest, by refusing to disqualify Interstate Southwest=s counsel, by refusing to consider relator=s affidavits in support of the motion to disqualify, and by refusing to extend the trial setting.

After reviewing the evidence admitted in the trial court and the legal authority cited by the parties, we find that relator has not established a clear abuse of discretion by the trial court.  Accordingly, we deny relator=s petition for writ of mandamus and motion for emergency relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed December 3, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler, and Seymore.