In Re Yola Barnes, Ricky Ray Blagburn, Jaime Martinez and Cynthia Warden--Appeal from County Court at Law No 1 of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-148 CV
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IN RE YOLA BARNES, RICKY RAY BLAGBURN,
JAIME MARTINEZ AND CYNTHIA WARDEN
Original Proceeding
MEMORANDUM OPINION (1)

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). Relators seek a writ of mandamus to compel the trial judge to enter an order disqualifying the counsel for the real parties in interest. The trial court denied the relators' motions to disqualify after a hearing in which counsel for the real parties in interest demonstrated the precautions implemented by counsel to effectively screen from the relators' cases the newly-hired legal secretary formerly employed by counsel for the relators. See Phoenix Founders, Inc. v. Marshall, 887 S.W.2d 831 (Tex. 1994). After reviewing the petition and record, we conclude that the relators have not shown a clear abuse of discretion or violation of a duty imposed by law.

The petition for writ of mandamus, filed March 26, 2003, is DENIED.

PER CURIAM

 

Opinion Delivered April 10, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.