In Re General Agents Ins. Co. of America, Inc.

SUBSTITUTE OPINION

ADELE HEDGES, Chief Justice.

We withdraw our opinion dated January 17, 2008, and issue the following substitute opinion.

In this original proceeding, relator, General Agents Insurance Company of America, Inc. (“Gainsco”), seeks a writ of mandamus ordering respondent, the Honorable Elizabeth Ray, to: (1) vacate her order denying Gainsco’s motion to sever the interlocutory summary judgment regarding the validity of the policy buy-back agreement; (2) compel respondent to sever the interlocutory summary judgment to render it final and appealable; and (3) abate the proceedings. We…