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  5. 694 S.W.2d 193 (1985)
 

MILLER v. LESHER

No. A14-85-280-CV.

694 S.W.2d 193 (1985)

Ronnie MILLER, Relator, v. Honorable Arthur C. LESHER, Jr., Respondent.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 5, 1985.

Attorney(s) appearing for the Case

C.J. Kling, Lawrence, Thornton, Payne, Watson & Kling, Bryan, for relator.

Mark D. Davidson, Houston, for respondent.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

SEARS, Justice.

This original mandamus proceeding was instituted by Ronnie Miller against the Honorable Arthur C. Lesher, Jr., retired, sitting for the 85th District Court of Brazos County, Texas. Relator contends that Judge Lesher abused his discretion by failing to grant relator's motion to set a supersedeas bond pursuant to Rule 364(a) of the Texas Rules of Civil Procedure. We agree, and the writ of mandamus is conditionally granted.

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