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IN RE BRICK

No. 05-11-01106-CV.

351 S.W.3d 601 (2011)

In re William P. BRICK, Gilbert M. Cassagne, Theodore J. Host, Christopher S. Kiper, Michael S. McGrath, Michael H. Rauch, Robert N. Verdecchio, Steven J. Janusek, Jimmy C. Weaver, Tracey L. Noll, Nancy Green, Ben D. Key, and Nominal Defendant Reddy Ice Holdings, Inc., Relators.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 7, 2011.

Attorney(s) appearing for the Case

Jerry L. Beane , Bradley Wayne Foster , Andrews Kurth, L.L.P., James R. Nelson , Eliot T. Burriss , DLA Piper US LLP, Dallas, for Relators.

Joe Kendall , Jamie J. McKey , Kendall Law Group, LLP, Dallas, William B. Federman , Federman & Sherwood, Oklahoma City, OK, for Real Party in Interest.

Before Justices MOSELEY, FITZGERALD, and FILLMORE.

OPINION

Opinion by Justice FILLMORE.

Relators filed this mandamus proceeding after the trial court denied their special exceptions to real parties in interest's second amended consolidated shareholder derivative petition (the petition). We conclude the trial court abused its discretion by denying the relators' first special exception and relators have no adequate remedy by appeal. We therefore conditionally grant the writ of mandamus.

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