PHILBROOK v. BERRY

No. C-3463.

683 S.W.2d 378 (1985)

Delvin Stanley PHILBROOK, et ux., Relators, v. The Honorable Weldon BERRY, Judge, Respondent.

Supreme Court of Texas.

January 9, 1985.


Attorney(s) appearing for the Case

George P. Hardy, III and Donna Cywinski, Ferebee & Ferebee, William C. Ferebee, Houston, for relators.

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


PER CURIAM.

Relator, Delvin Stanley Philbrook, seeks a writ of mandamus to compel Judge Weldon Berry to vacate his order granting a new trial. Relator contends that Judge Berry lacked jurisdiction to grant a new trial because the motion upon which he purported to act was filed in another cause. On motion for rehearing, we withdraw our previous order overruling Relator's motion for leave to file petition for writ of mandamus and conditionally grant the writ,

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