In Re: Oxbow Carbon & Minerals LLC--Appeal from Probate Court of Galveston County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 26, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00451-CV

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IN RE OXBOW CARBON & MINERALS, LLC, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On May 10, 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 sought to have this court compel the Honorable Gladys Burwell to set aside her order denying its motion for leave to designate the deceased worker=s employer, Tennille, Inc., as a responsible third party in the underlying wrongful death action.[1] See Tex. Civ. Prac. & Rem. Code Ann. ' 33.004 (Vernon Supp. 2004-05). Relator also sought an emergency stay of the trial. See Tex. R. App. P. 52.10.

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

PER CURIAM

Petition Denied and Memorandum Opinion filed May 26, 2005.

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

[1] The underlying action is styled Amelia Mae Warren, Individually and as Temporary Administratrix of the Estate of Earl John Warren, Deceased v. Oxbow Carbon & Minerals Holdings, Inc. (formerly known as Applied Industrial Materials Corporation), Tennille, Inc., and Oxbow Carbon & Minerals, LLC, under cause number 66,933-A, in the Probate Court of Galveston County, Texas.