by JoAnn Storey
The denial of a petition for writ of mandamus, without comment on the merits, does not establish “the law of the case” that precludes a party from raising the same argument in a subsequent appeal. Perry Homes v. Cull, 258 S.W.3d 580, 585-86 (Tex. 2008). Similarly, the denial of a petition for writ of mandamus, without comment on the merits, does not deprive another appellate court from considering the matter in a subsequent appeal. Chambers v. O’Quinn, 242 S.W.3d 30, 32 (Tex.2007) (holding court of appeals erred in dismissing appeal on the ground that it lacked appellate jurisdiction).