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KOLFELDT BY ANDERSON v. THOMA

No. A14-91-00889-CV.

822 S.W.2d 366 (1992)

Irma KOLFELDT by Dorothy K. ANDERSON, Attorney in Fact, Dorothy K. Anderson, Frances Ann Mallery, Steven P. Anderson, Mary Lou Stevenson, John T. Anderson, Kristine B. Paddock, Kathleen B. Fawcett, Phillip J. Stevenson, Richard K. Malley, Kathleen K. Berry, Individually and as Co-Trustee of the Kathleen Berry Fawcett, Kristine Berry Paddock, and Karel Anne Berry Tieszen Trusts, and Jack G. Berry as Co-Trustee of the Kathleen Berry Fawcett, Kristine Berry Paddock, and Karel Anne Berry Tieszen Trusts, Karel Anne B. Tieszen, James Bridge, and all Other Occupants, Relators, v. The Honorable John THOMA, Judge of the County Court at Law Number 1, Galveston County, Texas, Respondent.

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

January 16, 1992.

Attorney(s) appearing for the Case

Douglas M. O'Brien, Houston, for relators.

Julie Klibert, Houston, for respondent.

Before J. CURTISS BROWN, C.J., and MURPHY and CANNON, JJ.

MAJORITY OPINION

CANNON, Justice.

This mandamus arises from an amended order granting a new trial for the real party in interest, Texas-New Mexico Power Company (the Power Company), against the relators in a condemnation suit. The relators contend that the respondent, Judge John Thoma, abused his discretion by granting a new trial. We deny the writ.

On December 6, 1986, the Power Company filed a condemnation suit for a sixty foot wide easement on...

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