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IN RE CALIBER ONE INDEM. CO.

No. 07-04-0271-CV.

153 S.W.3d 587 (2004)

In re CALIBER ONE INDEMNITY COMPANY, Relator.

Court of Appeals of Texas, Amarillo.

June 29, 2004.

Attorney(s) appearing for the Case

Tracy L. Jackson, Eggleston & Briscoe, Houston, for Relator.

John T. Forbis, Childress, for Respondent.

Jack McClendon, Montgomery Benton McClendon, McClendon Law Firm, James L. Wharton, G. Douglas Welch, Jones Flygare Brown & Wharton, P.C., Lubbock, for real parties in interest.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION ON PETITION FOR WRIT OF MANDAMUS

DON H. REAVIS, Justice.

By this original proceeding, relator Caliber One Indemnity Company seeks a writ of mandamus requesting that we order the Honorable John T. Forbis, presiding judge by assignment to the 237th District Court, to vacate his order of October 3, 2003, denying its motion to invoke appraisal and abate the underlying proceeding in cause number 2002-518,695. Presenting two issues, Caliber One contends...

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