in Re: Delinda Clingan

• Court: Court of Appeals of Texas
• Decided: January 25, 2007
• Docket: 14-07-00015-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00015-CV

IN RE DELINDA CLINGAN, INDIV. AND AS PERSONAL REP. OF

THE ESTATE OF DAVID G. HERRIN, DEANNA CRAIN, DAVID HERRIN, JR.

AND JEWELL HERRIN,

 Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On January 5, 2007, relators, Delinda Clingan, individually and as personal representative of the Estate of David G. Herrin, Deanna Crain, David Herrin, Jr., and Jewell Herrin, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Mark Davidson, presiding judge of the 11th District Court, Harris County, Texas, the asbestos multi-district pre-trial litigation court, to vacate a ruling denying relators= motion to strike the intervention of real party in interest Hissey Kientz L.L.P. in the underlying asbestos litigation.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.

After reviewing the matter, we conclude that relators have failed to establish they are entitled to mandamus relief.  Accordingly, we deny relators= petition for writ of mandamus.                                                                                        

PER CURIAM

Petition Denied and Memorandum Opinion filed January 25, 2007.

Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.