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IN RE BANK OF AMERICA

No. 01-00-00944-CV.

45 S.W.3d 238 (2001)

In re BANK OF AMERICA, N.A. (Formerly Known As NationsBank, N.A.), Relator.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion on Denial of Rehearing May 10, 2001.

Attorney(s) appearing for the Case

Edward F. Fernandes, Jill Warren, Austin, for Relator.

Randy J. McClanahan, Houston, for Real Party In Interest.

Panel consists of Justices MIRABAL, TAFT, and NUCHIA.

OPINION

TAFT, Justice.

The issue for this Court is whether plaintiff's counsel should be disqualified after extensively reviewing and digesting approximately 135 pages of defendant's privileged information, obtained through no wrongdoing. The trial court1 denied the motion to disqualify. We conclude the motion should have been granted and conditionally grant the writ of mandamus.

The discovery dispute below<...

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