IN RE SMITH

No. 06-03-00030-CV.

96 S.W.3d 722 (2003)

In re Dorothy SMITH.

Court of Appeals of Texas, Texarkana.

Decided February 6, 2003.


Attorney(s) appearing for the Case

Sharon S. McCally, Storey, Moore & McCally, J. Scott Nabers, Blizzard, McCarthy & Nabers, Houston, Karen Bishop, Bishop & Bishop, PC, Gilmer, for relator.

Paul E. Stallings, Vinson & Elkins, LLP, Houston, Gabriella S. Canales, Alice, James N. Haltom, Patton, Haltom, Roberts, Texarkana, David C. Duggins, Kenneth J. Ferguson, Clark, Thomas & Winters, PC, Austin, for real party in interest Wyeth and Wyeth Pharmaceuticals.

Paul H. Gilliam, Ramey & Flock, Tyler, for Med-Shop Pharmacy, Inc.

David P. Stone, Hartline, Dacus, Dreyer & Kern, Dallas, for Wal-Mart Stores.

Stephanie A. Smith, Fulbright & Jaworski, Austin, for Smithkline Beecham Corp.

David M. Taylor, Thompson, Coe, Cousins & Irons, Dallas, for Fisons Corp. and Medeva Pharmaceuticals.

Michael A. Walsh, Strasburger & Price, Dallas, for Gate Pharmaceuticals and TEVA Pharmaceuticals.

Ross A. Skolnick, Longview, for Estate of Dr. Jack Covin.

Karen F. Stallings, Locke, Liddell & Sapp, Houston, for EON Labs Manufacturing, Inc. and ION Laboratories, Inc.

Before MORRISS, C.J., ROSS and CARTER, JJ.


OPINION

Opinion by Justice ROSS.

Dorothy Smith, relator, has filed a petition seeking issuance of a writ of mandamus. She asks this Court to direct the trial judge to vacate its order granting a legislative continuance because of the existence of an alleged Rule 11 agreement between the parties, because the continuance infringes on her due process rights, or because the statute authorizing legislative continuances...

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