in Re the Kansas City Southern Railway Company ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-259 CV ____________________

IN RE THE KANSAS CITY SOUTHERN RAILWAY COMPANY

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Original Proceeding

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MEMORANDUM OPINION

The Kansas City Southern Railway Company filed a petition for writ of mandamus in which it seeks to compel the trial court to remove a condition on an independent medical examination. See Tex. R. Civ. P. 204. "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. v. Tipps, 842 S.W.2d 266, 271 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). After reviewing the mandamus record and petition, we conclude that on this record the relator has not demonstrated an abuse of discretion by the trial court. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered June 21, 2007

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