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Click here for the full text of this decision FACTS:Lumbermens Mutual Casualty Co. seeks relief from a trial court order striking its petition in intervention. Lumbermens is the insurer of Cudd Pressure Control Inc. In the underlying suit, which is currently on appeal in the Court of Appeals for the Sixth Judicial District, Cudd was found liable for $20.7 million as the indemnitor of Sonat Exploration Co. Lumbermens posted $29 million in appellate security to secure the judgment pending appeal. After the court of appeals denied Lumbermens’ motion to intervene on appeal, Lumbermens sought mandamus relief in this court in cause number 04-0245, In Re: Lumbermens Mutual Casualty Co., ___ S.W.3d ___ (Tex. 2006) (Lumbermens I). While Lumbermens I was pending, Sonat filed a motion in the trial court to increase the appellate security to $40 million. Lumbermens sought to intervene in the trial court to contest Sonat’s motion after Cudd conceded that an increase in security was warranted. The trial court struck Lumbermens’ intervention, and granted Sonat’s motion. Lumbermens then filed this petition for writ of mandamus and a motion for temporary injunction pendente lite. HOLDING:In a separate opinion issued in Lumbermens I, the court holds that the court of appeals abused its discretion in denying Lumbermens leave to participate in Cudd’s appeal in order to raise a potentially dispositive issue that Cudd agreed to drop in exchange for Sonat’s agreement to nonsuit certain uninsured claims Sonat asserted against Cudd in a separate suit. The court denies Lumbermens’ petition for writ of mandamus without regard to the merits and without prejudice to Lumbermens’ ability to seek relief from the trial court or the court of appeals. OPINION:Per curiam.

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