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IN RE SEVEN-O CORP.

Nos. 10-09-00175-CV, 10-09-00183-CV.

289 S.W.3d 384 (2009)

In re SEVEN-O CORPORATION. In re Smithtex, LLP, Smith Properties, LLP, Steven F. Smith, Stuart N.R. Smith, and Norman L. Smith.

Court of Appeals of Texas, Waco.

August 12, 2009.

Attorney(s) appearing for the Case

Joe Michael Dodson, Dodson Law Office, Beaumont, TX, W. Stephen Rodgers, Rodgers & Miller, PC, Bryan, TX, for Appellant/Relator.

E. John Gorman, Bair Hilty PC, Houston, TX, Burgain G. Hayes, Attorney At Law, Austin, TX, Paul W. Murphy, Murphy & Brown LLP, College Station, TX, Ray A. Burgess, Hope & Causey PC, Conroe, TX, Frederick D. Bostwick, III, Beard Kultgen Bostwick & Dickson, Waco, TX, for Appellee/Respondent.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

OPINION

REX D. DAVIS, Justice.

In these two original proceedings for a writ of mandamus, the Relators allege that the trial court abused its discretion in refusing to disqualify an attorney who is representing both the plaintiffs and the third-party defendants in the underlying multi-party lawsuit, which involves wrongful death, survival, and personal injury claims arising out of a motor vehicle accident that occurred in August 2006 in Cass County.

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