IN RE GUETERSLOH

No. 07-10-0375-CV.

326 S.W.3d 737 (2010)

In re: James Craig GUETERSLOH, Individually and James Craig Guetersloh, Trustee of the 1984 Guetersloh Trust.

Court of Appeals of Texas, Amarillo, Panel A.

Rehearing Overruled November 23, 2010.


Attorney(s) appearing for the Case

James Craig Guetersloh , Houston, for Relator.

Denise Foster , Lavaca, AR, Michael Guetersloh III , Corpus Christi , M.F. Guetersloh Jr.   Sandia, W.C. Bratcher , Crenshaw Dupree & Milam L.L.P., Lubbock, Real Party in Interest.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.


OPINION

PER CURIAM.

The novel issue presented by this mandamus proceeding is whether a trustee of a trust has the same right to represent himself in his representative capacity as he does in his individual capacity. We hold that he does not, strike his petition for writ of mandamus as it pertains to claims being asserted in his capacity as trustee, but conditionally grant his petition as it pertains to claims being asserted in his individual capacity.

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