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PHILBROOK v. BERRY

No. 01-84-0410-CV.

679 S.W.2d 651 (1984)

Delvin Stanley PHILBROOK, et ux., Relators, v. The Honorable Weldon BERRY, et al., Respondents.

Court of Appeals of Texas, Houston (1st Dist.).

September 13, 1984.

Attorney(s) appearing for the Case

Donna Cywinski, William Ferebee, Ferebee & Ferebee, Houston, for relators.

Richard Josephson, Baker & Botts, Houston, for respondents.

Before EVANS, C.J., and BULLOCK and WARREN, JJ.

OPINION

WARREN, Justice.

Relators seek a writ of mandamus to compel the Honorable Weldon Berry, Judge of the 80th District Court of Harris County, to set aside an order granting a motion for new trial filed by Owens-Illinois, Inc., a named defendant in the original lawsuit filed by the relators. They allege that the motion for new trial filed by Owens-Illinois was filed in a different cause number and thus is ineffective.

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