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ROGERS v. CLINTON

No. C-8847.

794 S.W.2d 9 (1990)

Keith ROGERS, Stacy Rogers, and Joe Sams, Relators, v. Hon. Thomas CLINTON, Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 6, 1990.

Attorney(s) appearing for the Case

Broadus A. Spivey, Paul E. Knisely, Austin, Delwin T. McGee, Dumas, for relators.

James L. Wharton, Philip W. Johnson, George L. Thompson, Lubbock, for respondent.

OPINION

MAUZY, Justice.

This mandamus proceeding is unusual because it is filed by the plaintiffs and the defendant in the underlying suit. Relators Keith Dennis Rogers, Stacy Rogers, and Joe Taylor Sams seek a writ of mandamus directing the trial judge to vacate his order granting a new trial. We conditionally grant the writ.

Keith Rogers was injured in a one-car accident in Lubbock County in April 1987. The driver of the car was Joe Sams...

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