in Re GHX Industrial, LLC

Opinion issued March 1, 2012

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-01090-CV

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In re ghx industrial, llc, Relator

 

 

Original Proceeding on Petition for Writ of Mandamus

 

 

 

MEMORANDUM OPINION

          Relator, GHX Industrial, LLC, has filed a petition for writ of mandamus.  See Tex. R. App. P. 52.1.  Relator challenges the trial court’s December 6, 2011 order denying relator’s motions to sever and to abate the cross-cross claims of real parties in interest, Titeflex Corporation and MEMC Pasadena, Inc.[1]

On February 21, 2012, the trial court bifurcated the liability phase of the trial from the damages and indemnity phases.  In light of the trial court’s further orders in the matter, the petition for writ of mandamus is denied.  The stay of the trial in the underlying proceeding is lifted.  See Tex. R. App. P. 52.10(b) (providing that “[u]nless vacated or modified, an order granting temporary relief is effective until the case is finally decided”).

PER CURIAM

Panel consists of Justices Higley, Bland, and Brown.



[1]         The underlying case is Gonzalez et al. v. MEMC Pasadena, Inc., Titeflex Corp., and GHX Ind., LLC, No. 2008–48034 in the 295th District Court of Harris County, Texas, the Hon. Caroline Baker, presiding.