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)