Opinion issued May 4, 2006
In The
Court of Appeals
For the
First District of Texas
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NO. 01–05–01052–CV
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IN RE COTTAGE GARDENS HOMEBUYERS’ ASSOCIATION, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINIONRelator Cottage Gardens HomeBuyers’ Association filed a petition for a writ of mandamus complaining of Judge Benton’s September 21, 2005 and October 24, 2005 interlocutory orders dismissing relator’s claims against six of the defendants in the underlying lawsuit. Relator lists the real parties in interest, which are not all of the defendants in the underlying lawsuit, as: Allied Home Mortgage Capital Corporation; Allpoints Services Corp. f/k/a Alltex Realty Service; American Mortgage Network; Charlotte Broeshe; Clemmer & Associates ; Community Home Loans; Family Home Providers; First Horizon Home Loan Corporation; First Magnus Financial Corporation; Inline Development Corporation; Inline Utilities, LLC; Ben Knipe; Michael P. Martz; MMRM, Ltd.; Network Funding Corporation; One Martz, LLC; Rodriguez Appraisal Services; SouthTrust Mortgage Corporation; and Sugarberry Place Phase II, Ltd.
In the plaintiffs’ original petition and first amended petition, relator is described as “an appellation of the individual plaintiffs” and relator “does not assert any claims on its own behalf, nor any claim on behalf of others.” The individual plaintiffs in the underlying lawsuit have not appeared in this original proceeding.
We deny the petition for a writ of mandamus.
PER CURIAM
Panel consists of Justices Nuchia, Keyes, and Hanks.