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  5. 689 S.W.2d 396 (1985)
 

HOWELL v. FIFTH COURT OF APPEALS

No. C-3307.

689 S.W.2d 396 (1985)

The Honorable Charles Ben HOWELL, Judge, Relator, v. The FIFTH COURT OF APPEALS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 29, 1985.

Attorney(s) appearing for the Case

Henry Wade, Dist. Atty., Henry J. Voegtle, III, Asst. Dist. Atty., Dallas, for relator.

Michael A. Robertson, Grand Prairie, Dwight I. Porter, Ronald W. Johnson, Diamond J. Panteze, Dallas, for respondents.

CAMPBELL, Justice.

This is an original mandamus action. The Court of Appeals for the Fifth Supreme Judicial District ordered the Honorable Charles Ben Howell, relator, to allow a nonsuit in a case filed in his court, the 191st Judicial District of Dallas County. Judge Howell seeks to have the court of appeals' order vacated.

On March 17, 1984, Brenda J. Farnham sued Hilti, Inc. and Mark Spiegal to recover damages for the death of her husband, Stephen Douglas...

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