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SCANIO v. McFALL

No. 07-93-0473-CV.

877 S.W.2d 888 (1994)

Michael SCANIO and Elizabeth Tuttle, Relators, v. Hon. John R. McFALL, Judge, 237th District Court, Lubbock County, Texas, Respondent.

Court of Appeals of Texas, Amarillo.

Rehearing Denied July 6, 1994.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, LLP, Cecil Kuhne and Brad Crawford, Carr, Fouts, Hunt, Craig, Terrill & Wolfe, LLP, Donald M. Hunt and Aubrey J. Fouts, Lubbock, for relators.

Dunn & Walker, Jonette Walker and Jessica T. Brown, Lubbock, for Kody Kothmann.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.

POFF, Justice.

In this original proceeding, relators Michael Scanio and Elizabeth Tuttle ask this court to issue a writ of mandamus directing Judge John R. McFall of the 237th District Court of Lubbock County, respondent, to dismiss a lawsuit brought by the real party in interest, Kody Kothmann, for want of jurisdiction. Alternatively, relators ask this court to issue a writ of mandamus directing respondent to enter an order transferring Kothmann's suit to the 274th...

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