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  5. 756 S.W.2d 299 (1988)
 

STREET v. HONORABLE SECOND CT. OF APPEALS

No. C-7345.

756 S.W.2d 299 (1988)

The Honorable John STREET, Judge, 352nd Judicial District Court, Relator, v. The HONORABLE SECOND COURT OF APPEALS, Respondent.

Supreme Court of Texas.

Rehearing Denied October 5, 1988.

Attorney(s) appearing for the Case

Wallace Craig, Wallace Craig & Associates, Bill Waltrip, Clint Oldham, Binion & Oldham, Fort Worth, for relator.

Lancaster Smith, Sr., Dallas, Harvey L. Davis, Austin, for respondent.

OPINION

PHILLIPS, Chief Justice.

The question presented is when an underlying tort action becomes final so that a defendant may institute a Stowers action against its insurer. We hold that the trial court did not abuse its discretion in refusing to abate the insured's Stowers action, together with certain interventions, merely because the underlying tort action was still pending on appeal. Therefore, we conditionally order the court of appeals...

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