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IN RE SMITH

No. 05-11-01657-CV.

366 S.W.3d 282 (2012)

In re Houston M. SMITH and the Law Offices of Houston Smith, P.C., Relators.

Court of Appeals of Texas, Dallas.

March 30, 2012.

Attorney(s) appearing for the Case

Michael A. Yanof , Alison H. Moore , Jason R. Jobe , Thompson, Coe, Cousins, & Iron, L.L.P., Dallas TX, for Relators.

Daniel J. Sheehan, Jr. , Michael Patrick McShan , John M. Phalen, Jr. , Daniel Sheehan & Associates, L.L.P., Dallas TX, for Real Party in Interest.

Before Justices BRIDGES, FITZGERALD, and MURPHY.

OPINION

Opinion by Justice FITZGERALD.

Relators filed this mandamus proceeding after the trial judge signed an order denying their motion for leave to designate a responsible third party. We conclude the trial judge abused his discretion in doing so without granting leave to replead and relators have no adequate remedy by appeal. We therefore conditionally grant mandamus relief.

I. BACKGROUND

Real party in interest Melvia Lewis sued relators...

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