Owens-Corning Fiberglas Corp. v. Caldwell

OPINION

SAM BASS, Justice.

Owens-Corning Fiberglas Corporation (OCF) seeks mandamus relief, asking this Court to vacate Judge Neil Caldwell’s December 13, 1990, order appointing a master in the underlying litigation. 1 OCF argues that the underlying litigation is not an exceptional case and that the appointment is blanket and unlimited, in violation of Tex. R.Civ.P. 171 and the recent decision of the supreme court in Simpson v. Canales, 806 S.W.2d 802 (Tex.1991). 2 Judge Caldwell contends: (1) relator did not preserve error because it did not first seek relief from the trial court; (2) relator…