In re Roseland Oil & Gas, Inc.

In re Roseland Oil & Gas, Inc.

Opinion

Original Proceeding

 [*786]  This is an original proceeding in mandamus. We conditionally grant relief.

Roseland Oil & Gas, Inc. (Roseland) initially brought suit against Regal Petroleum Services, Inc., Larry G. Bradford, William G. Vandever, Margaret Vandever, Richard Ganders, and Clifton H. Kees regarding an oil and gas lease in Palo Pinto County, Texas. At the outset of this case, all of the defendants were represented by the same attorney. George S. Henry. John Ritchie served as local counsel and appeared on behalf of all of the defendants.

During the course of pretrial, William's deposition was taken by Roseland. Later, Henry and Ritchie filed a motion to withdraw as counsel and withdrew as counsel for the Vandevers after an agreed order was signed on July 31, 2000. Henry and Ritchie continued their representation of all of the other defendants. Counsel for Roseland requested that Henry withdraw from representing the remaining defendants, but Henry refused. Upon Henry's refusal, relators filed a joint motion to disqualify Henry and [**2]  members of his law firm, as well as Ritchie, from representing the remaining defendants. The trial court denied the motion, and a mandamus proceeding was filed. While the mandamus proceeding was also pending, there was a change in the sitting judge in Palo Pinto County. Because mandamus is personal to the judge, we abated the proceeding until the new sitting judge had the opportunity to rule upon the motion for disqualification. See State v. Olsen, 163 Tex. 449, 360 S.W.2d 402, 403 (Tex. 1962)(orig. proceeding); see also Jampole v. Touchy, 673 S.W.2d 569, 572 (Tex. 1984)(orig. proceeding). The new sitting judge also denied the motion, and Roseland amended its petition. We now consider the merits of Roseland's arguments.

] Mandamus will issue where there is an abuse of discretion in the trial court which cannot be adequately remedied by appeal. See Walker v. Packer, 827 S.W.2d 833, 842 (Tex. 1992)(Baker, J., dissenting)(orig. proceeding). In order to obtain mandamus relief, the relators must show that the trial court's refusal to disqualify Henry and Ritchie was such an abuse of discretion. The trial court abuses its discretion when "it reaches a [**3]  decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law." Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985).

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