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BRADY v. FOURTEENTH COURT OF APPEALS

No. C-9538.

795 S.W.2d 712 (1990)

Elaine A. BRADY, Relator, v. FOURTEENTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 20, 1990.

Attorney(s) appearing for the Case

Glenn A. Diddel, III, Houston, for relator.

Harold D. Hammett, Ft. Worth, W. Troy McKinney, Joe H. Reynolds, Houston, for respondent.

OPINION ON MOTION FOR REHEARING

RAY, Justice.

Our original opinion is withdrawn and the following substituted.

In this original proceeding relator seeks writ of mandamus directing the court of appeals to withdraw the writ of mandamus it issued in an original proceeding. Because the resolution of the issues presented to the court of appeals required factual determinations that could not properly be made by an appellate court in an original proceeding...

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