                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-13-00450-CV
                           ____________________


                         IN RE CHAD ALLEN BELL

_______________________________________________________           ______________

                               Original Proceeding
________________________________________________________           _____________

                         MEMORANDUM OPINION

      In a petition for writ of mandamus, Chad Allen Bell seeks to compel the trial

court to vacate its order of September 17, 2013, which denied Bell’s motion to

disqualify counsel for the real parties in interest, Jeffrey Durham and Pamela

Durham. Bell seeks an order from us requiring the trial court to disqualify counsel

for the Durhams. The parties dispute whether a disqualification occurs when an

associate, who never participated on a case where his employer represented the

defendant, accepts employment by another firm that represents the plaintiff. After

considering evidence, the trial court concluded that the associate’s change of

employment did not disqualify the associate’s new firm from representing the

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Durhams. After reviewing the mandamus petition and record, we conclude relator

has not established an abuse of discretion by the trial court. See In re Guar. Ins.

Servs., Inc., 343 S.W.3d 130, 133-34 (Tex. 2011); Henderson v. Floyd, 891

S.W.2d 252 (Tex. 1995). Accordingly, the petition for writ of mandamus and

motion for temporary relief are denied.

      PETITION DENIED.


                                                        PER CURIAM


Opinion Delivered October 24, 2013
Before McKeithen, C.J., Kreger and Horton, JJ.




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