In re Acock Engineering & Associates--Appeal from 80th District Court of Harris County

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Opinion issued May 5, 2011 In The Court of Appeals For The First District of Texas NO. 01-10-01075-CV IN RE ACOCK ENGINEERING & ASSOCIATES, L.P., Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION By petition for writ of mandamus, relator, Acock Engineering & Associates, L.P., seeks to compel the trial court to grant its motion to strike the first, second, third, and fourth amended petitions of the real parties in interest on the ground that the filing of these petitions violated the parties Rule 11 agreement setting a deadline for amending pleadings.1 We deny the petition for writ of mandamus. PER CURIAM Panel consists of Justices Keyes, Higley, and Kerrigan.2 1 The Honorable Larry Weiman, Judge of the 80th District Court of Harris County, Texas, Respondent. The underlying lawsuit is Tempest Energy Resources, L.P., et al. v. Cavins Corporation, Weatherford U.S., L.P., and Acock Engineering & Associates, L.P., No. 2007-77989 (80th Dist. Ct., Harris County, Tex.). 2 The Honorable Patricia J. Kerrigan, Judge of the 190th District Court of Harris County, Texas, participating by assignment. See TEX. GOV T CODE ANN. § 74.003(h) (Vernon 2005). 2

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