HILLIARD v. BENNETT

No. 13-96-042-CV.

925 S.W.2d 338 (1996)

Robert C. HILLIARD and Andrew C. Schirrmeister, III, Relators, v. The Honorable Max BENNETT, Judge of the 319th District Court of Nueces County, Texas, Respondent.

Court of Appeals of Texas, Corpus Christi.

June 13, 1996.


Attorney(s) appearing for the Case

Eric Brown, Linda C. Breck, Corpus Christi, for appellant.

Before DORSEY, FEDERICO G. HINOJOSA, Jr., and RODRIGUEZ, JJ.


OPINION

DORSEY, Justice.

This mandamus proceeding challenges the authority of a trial court sua sponte to sanction an attorney who has filed and then nonsuited an action that was assigned to the respondent's court. We hold the respondent lost jurisdiction over the cause before the motion for sanctions was filed, and thus the order sanctioning relators is void. We conditionally grant a writ of mandamus.

The respondent is Max Bennett, Judge...

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