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IN RE ONCOR ELEC. DELIVERY CO. LLC

No. 05-11-00825-CV.

355 S.W.3d 304 (2011)

In re ONCOR ELECTRIC DELIVERY COMPANY LLC, Relator.

Court of Appeals of Texas, Dallas.

July 28, 2011.

Attorney(s) appearing for the Case

Kenneth J. Lambert , Lane P. Farley , Douglas D. Fletcher , Julia L. Sinor , Fletcher, Farley, Shipman & Salinas, LLP, Dallas, TX, John C. Stewart , Daniel G. Altman , Oncor Electric Delivery Company, LLC, Fort Worth, TX, for Relator.

Clay Lewis Jenkinns , Stephen Daniel , Jenkins & Jenkins, P.C., Waxahachie, TX, Ted. B. Lyon, Jr. , William E. Zook , Ted B. Lyon & Associates, P.C., Mesquite, TX, for Real Party in Interest.

Before Justices O'NEILL, LANG, and LANG-MIERS.

OPINION

Opinion by Justice LANG.

Relator filed this mandamus proceeding after the trial court signed an order denying its motion for leave to designate a responsible third party. We conclude the trial court abused its discretion in doing so without granting leave to replead and relator has no adequate remedy by appeal. We therefore conditionally grant mandamus relief.

Real parties in interest brought a lawsuit against relator and other defendants...

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