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Click here for the full text of this decision FACTS:Relator, Harbrook Tool & Manufacturing Co., represented by Corey Haugland, filed this mandamus proceeding to challenge an agreed order entered on Feb. 17, 2005, requiring Harbrook to pay a share of costs associated with the appointment of a special master in discovery. Harbrook asserts that it had been previously dismissed from the suit when an amended petition filed in 2001 did not state any claims against it, and therefore, the trial court could not order it to pay a share of the costs. On May 27, 2005, Haugland was sent an invoice detailing the special master’s fees and specifying Harbrook’s share. On May 31, 2005, other parties who are represented by Haugland filed a mandamus petition in order to challenge the Feb. 17, 2005, order. Harbrook did not join the mandamus petition. Prior to the issuance of the opinion denying mandamus relief, the real party in interest Juan Alvarez, filed a motion to compel Harbrook to pay its share of the fees. It was only after the trial court granted the motion to compel on Nov. 14, 2005, that Harbrook filed this mandamus petition. HOLDING:This court’s order granting relator’s motion for emergency relief and staying the proceedings in the trial court is lifted and the motion to reconsider stay filed by the real party in interest is denied as moot. Although mandamus is not an equitable remedy, it is largely governed by equitable principles. Rivercenter Associates v. Rivera, 858 S.W.2d 366 (Tex. 1993). One such principle is that equity aids the diligent and not those who slumber on their rights. Harbrook provides no explanation for waiting nine months to challenge the Feb. 17, 2005, order. The court concludes that mandamus relief must be denied because of laches. OPINION:Barajas, CJ; Barajas, CJ, McClure, and Chew, JJ.

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