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IN RE BURLINGTON COAT FACTORY WAREHOUSE

No. 02-1084.

167 S.W.3d 827 (2005)

In re BURLINGTON COAT FACTORY WAREHOUSE OF McALLEN, INC., Relator.

Supreme Court of Texas.

July 1, 2005.

Attorney(s) appearing for the Case

Javier Gonzalez, Chester J. Makowski, Keith N. Uhles and Nicholas Arthur Parma, Royston Rayzor Vickery & Williams, L.L.P., Brownsville, Jon D. Brooks, The Rangel Law Firm, P.C., Corpus Christi, for relator.

William E. Corcoran, Law Office of William E. Corcoran, Keith C. Livesay, Livesay Law Office, McAllen, and Frank G. Davila, Frank G. Davila & Associates, Corpus Christi, for respondent.

Chief Justice JEFFERSON delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA and Justice GREEN joined.

In this case, relator Burlington Coat Factory Warehouse of McAllen, Inc. (Burlington) contends that the trial court abused its discretion by allowing execution to issue before a final judgment had been entered. We agree. Because we conclude that Burlington lacks an adequate remedy by appeal, we conditionally...

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