IN RE SIMS

No. 04-02-00357-CV.

88 S.W.3d 297 (2002)

In re Sherre Taylor SIMS.

Court of Appeals of Texas, San Antonio.

July 17, 2002.


Attorney(s) appearing for the Case

Salvador Espino, Terrell W. Oxford, Susman Godfrey, L.L.P., Dallas, for Appellant.

Cheryl L. Wilson, Wilson, Pennypacker & Negen, L.L.P., Patrick K. Sheehan, Cauthorn Hale Hornberger Fuller Sheehan Becker & Beiter Inc., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice.


Opinion by: ALMA L. LÓPEZ, Justice.

Relator, Sherre Taylor Sims, filed this original proceeding seeking relief from the trial court's order granting real party in interest's plea in abatement. Specifically, Sims contends that the trial court abused its discretion in abating the lawsuit she filed in Bexar County in favor of a later filed declaratory judgment action in Medina County, Texas. We conditionally grant the writ of mandamus.

BACKGROUND

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