In Re Missouri Pacific Railroad

Opinion After Motion For Rehearing

RAMEY, Chief Justice.

On January 30, 1998, this Court delivered an opinion conditionally granting Relator’s Petition for writ of mandamus. Thereafter on February 17, 1998, Carl A. Ellis, the Real Party in Interest, filed a motion for rehearing. Having considered Ellis’ motion for rehearing, Relator’s Response, and Ellis’ reply thereto, we overrule the motion, but withdraw our opinion of January 30, 1998, and substitute the following corrected opinion in its stead:

This original mandamus proceeding arises out of the trial court’s failure to grant a motion to…