Opinion issued September 30, 2014

In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00587-CV ——————————— IN RE SENECA RESOURCES CORPORATION, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Seneca Resources Corporation has filed a petition for writ of mandamus challenging the trial court’s plenary power to grant a motion for new trial and a related docket control order in the underlying action.1 We deny the petition.

The underlying case is Tammi McCoy, Individually And On Behalf Of The Surviving Heirs of Brandon Pennywell v. Seneca Resources Corp., Carl Gerrard and Cenergy International Services, LLC, cause number 2013-01325, pending in the 234th District Court of Harris County, Texas, the Honorable Wesley Ward presiding.

PER CURIAM Panel consists of Justices Massengale, Brown, and Huddle.