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IN RE RELIANT ENERGY, INC.

No. 02-0700.

159 S.W.3d 624 (2005)

In re RELIANT ENERGY, INC., Relator.

Supreme Court of Texas.

March 11, 2005.

Attorney(s) appearing for the Case

David Michael Rodi, Ioannis Vasilios Anaipakos, Macey Reasoner Stokes, Stephen G. Tipps, Baker & Botts, L.L.P., Houston, Eduardo R. Rodriguez, Robert Patrick Rodriguez, Rodriguez, Colvin, Chaney & Saenz, L.L.P., Brownsville, for relator.

Pamela Stanton Baron, Austin, Anthony F. Constant, Miguel Jose Chapa, Constant & Vela, Corpus Christi, Jose E. Chapa, Yzaguirre & Chapa, Juan J. Hinojosa, Hinojosa & Powell, P.C., McAllen, for respondent.

PER CURIAM.

Reliant Energy, Inc. seeks a writ of mandamus directing the Hidalgo County statutory probate court to vacate an order purporting to transfer to itself a wrongful death and survival action pending in a Harris County district court. Because venue is improper in Hidalgo County and Reliant has objected, section 5B of the Probate Code1 does not authorize the transfer. Accordingly, we conditionally grant mandamus relief.

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