In Re: KPMG LLP--Appeal from 129th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 12, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00009-CV

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IN RE KPMG LLP, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On January 7, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In its petition, relator asked that this court direct the Honorable Grant Dorfman, presiding judge of the 129th District Court, to vacate its order denying consolidation of two related suits, consolidate the cases, and decide before trial whether class certification is appropriate.

Relator has not established that it is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 12, 2005.

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