Court of Appeals of Texas August 3, 2006, 2-06-071-CV (In Re Ben E. Keith Co., Inc.)

SUE WALKER, Justice,

dissenting.

I respectfully dissent. The principle is well settled that appellate courts will not intervene to control incidental trial court rulings when an adequate remedy by appeal exists. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig. proceeding); In re Fort Worth Children’s Hosp., 100 S.W.3d 582, 586-87 (Tex.App.-Fort Worth 2003, orig. proceeding [mand. dism’d]).