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HENDRICK MEDICAL CENTER v. HOWELL

No. 05-84-01349-CV.

690 S.W.2d 42 (1985)

HENDRICK MEDICAL CENTER and Howard Tobin, M.D., Relators, v. The Honorable Charles Ben HOWELL, Respondent.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 9, 1985.

Attorney(s) appearing for the Case

James H. Holmes, III, Joann N. Wilkins, Burford & Ryburn, Dallas, J.M. Lee, Fort Worth, for relators.

C.L. Mike Schmidt, Stradley, Schmidt, Stephens & Wright, Paul W. Pearson, Dallas, Pete Baker, Abilene, Fred E. Davis, Austin, Sidney H. Davis, Jr., Dallas, Stephen H. Suttle, Abilene, Jim Cowles, Cowles, Sorrells, Patterson & Thompson, Dallas, for respondent.

Before AKIN, GUILLOT, and DEVANY, JJ.

AKIN, Justice.

In this original proceeding relators, Hendrick Medical Center and Howard Tobin, M.D., seek a writ of mandamus directing respondent, Hon. Charles Ben Howell, Judge of the 191st Judicial District Court, to transfer a cause pending in respondent's court to a district court in Jones County. Relators contend that venue in the cause at issue has been conclusively established in Jones County as a result of a prior order of transfer and subsequent nonsuit taken...

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