IN RE TREND GATHERING & TREATING, LP

No. 10-06-00266-CV.

226 S.W.3d 478 (2006)

In re TREND GATHERING & TREATING, LP.

Court of Appeals of Texas, Waco.

September 7, 2006.


Attorney(s) appearing for the Case

Andy McSwain, Fulbright Winniford PC, Waco, Richard W. Wiseman, Brown Herman Dean Wiseman Liser & Hart LLP, Fort Worth, appellant/relator.

Bryan F. Russ, Jr., Palmos Russ McCullough & Russ LLP, Hearne, for appellee/respondent.


CONCURRING AND DISSENTING OPINION TO ORDER

TOM GRAY, Chief Justice.

Here we go again—re-lawyering the case for the parties by granting relief not requested. I would not stay all the proceedings in the trial court because the Relator did not make this request. Actually, there is no "case" yet existing in the trial court; only the petition for condemnation filed by Trend. The commissioners have been appointed but they have not made an award. So there...

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