SOUTH MAIN BANK v. WITTIG

No. 14-95-00643-CV.

909 S.W.2d 243 (1995)

SOUTH MAIN BANK, Relator, v. The Honorable Don WITTIG, Judge, 125th Judicial District, Harris County, Texas, Respondent.

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

October 5, 1995.


Attorney(s) appearing for the Case

William T. Green, III, Houston, for appellants.

Roger P. Balog, Houston, for appellees.

Before MURPHY, C.J., and AMIDEI and ANDERSON, JJ.


OPINION

AMIDEI, Justice.

South Main Bank seeks a writ of mandamus directing the respondent, the Honorable Don Wittig, to set aside his order of January 23, 1995 reinstating the case after dismissal for want of prosecution. We conditionally grant the writ.

On December 19, 1994, the case styled Baxter & Swinford, Inc. v. South Main Bank and Ashland Investment Company, was dismissed for want of prosecution. The case was dismissed after a...

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