in Re Wyatt Field Service Company

MAJORITY OPINION

Martha Hill Jamison, Justice

This case presents our court its opportunity to address the next of the unintended consequences wrought on Texas mandamus practice due to the holding in In Re Columbia: exactly what is a “merits review,” and how does an intermediate appellate court apply it to evaluate the “great weight and preponderance of the evidence”?

Real parties in interest, David McBride and Glenn Burns, sustained personal injuries due to an accident at a refinery owned by ExxonMobil Corporation in Baytown, Texas. Real parties sued relator, Wyatt Field Services Company, and…