Opinion
No. 05-05-01171-CV
Opinion issued September 13, 2005.
Original Proceeding from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-2106-05.
Writ of Mandamus Denied.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Relator Uchenna Geraldine Ike contends the trial judge erred in ordering the reinstatement of her wrongful death lawsuit and ordering her to deposit all settlement proceeds into the court's registry. The facts and issues are well known to the parties, so we need not recount them in detail. Briefly, relator and her husband are estranged, and a divorce is pending. In February 2005, the couple's three-year-old daughter drowned in the babysitters' swimming pool. Relator sued the babysitters and also named her estranged husband as a "defendant," alleging his joinder was necessary because he was a statutory beneficiary.
Once she settled her claims with the insurance company, relator moved to nonsuit her lawsuit, and the trial judge dismissed the action with prejudice as to "all parties." When Husband learned of the dismissal, he filed a motion to set aside the nonsuit and reinstate the case. The trial court granted the motion, vacated his previous order of dismissal with prejudice, and reinstated the case. The trial judge also ordered relator to place the settlement proceeds, except those proceeds paid to her attorneys for their legal representation in the lawsuit, into the registry of the court.
In this proceeding, relator contends the trial judge abused his discretion by (1) vacating the previous order of dismissal and reinstating the cause because she had an "unqualified and absolute" right to take a nonsuit and (2) ordering her to deposit the settlement proceeds with the registry of the court without a showing that the proceeds were "in danger of being lost or depleted by Relator." Based on the record before us, we conclude relator has not shown she is entitled to the relief requested. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.