In Re: Womco, Inc., Patricia Marquess, as Independent Executrix of the Estate of W. O. Marquess, Deceased, C. L. and Doris Hall, Lori Claxton, Douglas Wayne Hall, Ne-Tex Ag Transportation Co., Inc. and Miller Grove Farm Supply--Appeal from 294th District Court of Van Zandt County

NO. 12-05-00298-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: WOMCO, INC., PATRICIA

MARQUESS, INDEPENDENT

EXECUTRIX OF THE ESTATE OF ORIGINAL PROCEEDING

W.O. MARQUESS, DECEASED, C.L.

HALL, DORIS HALL, LORI CLAXTON,

NE-TEX TRANSPORTATION CO., INC.,

AND MILLER GROVE FARM SUPPLY

MEMORANDUM OPINION

Relators Womco, Inc., Patricia Marquess as Independent Executrix of the Estate of W. O. Marquess, Deceased, C. L. Hall, Doris Hall, Douglas Hall, Lori Claxton, NE-TEX Ag Transportation Co., Inc., and Miller Grove Farm Supply, Inc. seek mandamus relief from an order granting a motion for partial dismissal filed by International Truck and Engine Corporation, Price International, Inc., and Mahanay International, Inc., Real Parties in Interest. The order was signed by Respondent, the Honorable Teresa Drum, Judge of the 294th Judicial District, Van Zandt County, Texas, on July 26, 2005.

Mandamus will issue only when the record establishes (1) a clear abuse of discretion or the violation of a duty imposed by law and (2) the absence of an adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). After carefully reviewing the petition for writ of mandamus, the accompanying record, and the response filed by the real parties in interest, we conclude that Relators have not shown that Respondent abused her discretion in signing the July 26, 2005 order. Consequently, Relators have not established that they are entitled to the requested relief. Relators petition for writ of mandamus is denied.

SAM GRIFFITH

Justice

Opinion delivered October 19, 2005.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)