in Re Phyllis A. Morton ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-06-524 CV ____________________

IN RE PHYLLIS A. MORTON

---

Original Proceeding

---

MEMORANDUM OPINION

Phyllis A. Morton filed a petition for writ of mandamus. The attorney representing the opposing party in the underlying suit formerly represented Morton's attorney in unrelated litigation. The relator claims that opposing counsel is using knowledge obtained in that earlier representation adversely to his former client and to the benefit of his present client. According to the relator, opposing counsel is using knowledge obtained in the course of that earlier representation to support his current client's motion for sanctions for filing frivolous pleadings. Morton contends the trial court abused its discretion when it denied her counsel's motion to disqualify opposing counsel.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). After reviewing the mandamus record and petition, we conclude that the relator has not demonstrated an abuse of discretion by the trial court. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered December 7, 2006

Before McKeithen, C.J., Gaultney and Kreger, JJ.