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In re Reeves

Court of Appeals of Texas, Second District, Fort Worth
Jul 14, 2004
No. 02-04-209-CV (Tex. App. Jul. 14, 2004)

Opinion

No. 02-04-209-CV

Delivered: July 14, 2004.

Original Proceeding.

Chris Vickers Associates Marguerite Broussard of Colleyville, TX, for relator (Penny Reeves).

Hon. Kenneth C. Curry, pro se.

Jenkens Gilchrist, P.C., John Gerhart of Dallas, TX, for real parties in interest (Snap-On Tools Company, L.L.C. f/k/a/ Smap-On Tools Company, Alan G. Schultz, and Jack Heard).

Panel B: HOLMAN, DAUPHINOT, and GARDNER, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


The court has considered relator's petition for writ of mandamus. Relator complains about the trial court's April 7, 2004 order. The order states that relator shall submit her claims to arbitration, and orders that relator's "claims and causes of action against Defendants are hereby dismissed in their entirety without prejudice." The trial court has notified this court that there are no pending counterclaims or cross-claims. Therefore, because the trial court's order expressly disposed of all parties and claims, the order is final and appealable. See Lehmann v. Har-Con Corp. 39 S.W.3d 191, 205 (Tex. 2001). Thus, because relator has an adequate remedy at law, she is not entitled to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig proceeding).

Accordingly, relator's petition for writ of mandamus is denied. Relator shall pay all costs of this original proceeding, for which let execution issue.


Summaries of

In re Reeves

Court of Appeals of Texas, Second District, Fort Worth
Jul 14, 2004
No. 02-04-209-CV (Tex. App. Jul. 14, 2004)
Case details for

In re Reeves

Case Details

Full title:IN RE PENNY REEVES, Relator

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Jul 14, 2004

Citations

No. 02-04-209-CV (Tex. App. Jul. 14, 2004)