in Re: Red River Trucking Company

• Court: Court of Appeals of Texas
• Decided: October 24, 2002
• Docket: 06-02-00170-CV
• Status: Published

Opinion

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-02-00170-CV ______________________________

IN RE: RED RIVER TRUCKING COMPANY

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Original Mandamus Proceeding

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Before Morriss, C.J., Grant and Ross, JJ.

Opinion by Justice Ross

O P I N I O N

Red River Trucking Company, relator, has filed a petition for writ of mandamus in which it asks this Court to order the Honorable J. Clay Gossett of the Fourth Judicial District Court to vacate his order severing certain defendants from the primary lawsuit. Relator also asks this Court to order counsel for the real parties in interest disqualified and to order the trial setting continued to a later date. We have reviewed the petition, the record provided, and the response from the real parties in interest. We do not find that relator has shown this Court that it is entitled to the relief sought.

We overrule relator's motion seeking an emergency stay of the trial proceedings, and we deny the petition.

Donald R. Ross

Justice

Date Submitted: October 24, 2002

Date Decided: October 24, 2002

Do Not Publish

llate court lacks jurisdiction. Slaton v. State, 981 S.W.2d 208; Olivo v,. State, 918 S.W.2d 519.

The notice of appeal and the motion to extend time to file a notice of appeal were both filed outside the time frame that would permit this Court to assert jurisdiction over the case.

The appeal is dismissed for want of jurisdiction.

William J. Cornelius

Chief Justice

Date Submitted: October 16, 2001

Date Decided: October 16, 2001

1. This is an appeal transferred to this Court by the Texas Supreme Court for the purposes of docket equalization.