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ESTATE OF HOWLEY v. HABERMAN

No. 94-0327.

878 S.W.2d 139 (1994)

The ESTATE OF Olga HOWLEY, By and Through Joseph HOWLEY, Administrator, Relator, v. The Honorable Carol R. HABERMAN, Judge, Respondent.

Supreme Court of Texas.

June 15, 1994.

Attorney(s) appearing for the Case

Melvin A. Krenek, San Antonio, for relator.

Warren N. Weir, Carol Haberman, San Antonio, for respondent.

PER CURIAM.

This original mandamus proceeding arises out of a lawsuit by Rose Mary Guzman against Olga Howley, in which Guzman alleged that she was walking across a street when she was struck by a car driven by Howley. Howley is now deceased, and the administrator of her estate is the relator in this proceeding.

The trial court dismissed the underlying lawsuit for want of prosecution. More than 90 days later, Guzman filed a motion to reinstate, alleging that...

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