Opinion issued February 29, 2008
In The
The=20
relators complain of a November 30, 2005, order signed by the =
Honorable=20
Jack Hunter, former presiding judge of the 94th District Court of =
Nueces=20
County. Because=20
mandamus does not lie against a trial judge who did not personally =
sign=20
the order, we will not grant mandamus relief directed at a trial =
judge=20
based on an order signed by another judge. See In re=20
Alsenz, 152 S.W.3d 617, 623 (Tex. App.--Houston [1st Dist.] =
2004,=20
orig. proceeding). After we requested that the parties address the =
issue=20
raised in Alsenz, relators asked Judge Davidson to =
reconsider=20
Judge Hunter's order. On November 5, 2007, Judge Davidson took the =
position that he is prohibited by statute from ruling on the =
merits of=20
relators' requested relief. See Tex. Civ. Prac. & =
Rem. Code=20
Ann. =A7 90.010 (Vernon Supp. 2007). Relators have not amended =
their=20
petitions to request mandamus relief specific to Judge Davidson's =
November=20
12, 2007 order denying them leave to file motions to set aside =
Judge=20
Hunter's order denying their pleas to the jurisdiction and special =
exceptions. Instead, relators continue to request mandamus relief=20
directing Judge Davidson to grant their motions to dismiss with =
prejudice=20
the underlying consolidated case . Judge Davidson has never =
reached the=20
merits of those motions. We deny the=20
petitions for writs of mandamus. Panel=20
consists of Justices Taft, Nuchia, and Higley.=20
1. Atkinson v. Union Carbide Corp., =
No.=20
05-04515-C (94th Dist. Ct., Nueces County, Tex. Nov. 20, 2005). =
The=20
relators in case number 01-06-00165-CV are Allianz Global Risk US, =
Allianz=20
Life Insurance Company of North America, Allstate Insurance =
Company, Chubb=20
Indemnity Insurance Company, Continental Casualty Company, =
Fireman's Fund=20
Insurance Company, Hartford Steam Boiler Inspection and Insurance =
Company,=20
Hartford Steam Boiler Inspection and Insurance Company of =
Connecticut,=20
Liberty Mutual Insurance Company, Maryland Casualty Company, St. =
Paul Fire=20
and Marine Insurance Company, United States Fidelity and Guaranty =
Company,=20
The Fidelity and Casualty Co. of New York, and Zurich American =
Insurance=20
Company. The relators in case number 01-06-00166-CV are Marsh USA =
Inc.=20
(Delaware) and Marsh USA Inc. (Texas). The real parties in =
interest in=20
both cases are Filiberto Atkinson, J.C. Diggs, Jimmie Fleeman, =
Thomas=20
King, and Emilio Mireles.=20
2. Atkinson v. Union Carbide Corp., =
No.=20
2004-03964 (11th Dist. Ct., Harris County,=20
Tex.).