ESTATE OF TOWNES v. WOOD

No. 01-96-00875-CV.

934 S.W.2d 806 (1996)

The ESTATE OF William Michael TOWNES, Deceased, Relator, v. The Honorable Mike WOOD, Judge of Probate Court Number Two of Harris County, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

October 21, 1996.


Attorney(s) appearing for the Case

Jerry S. Payne, Robert C. Shaddox, Houston, for relator.

William S. Chesney, Lloyd H. Wright, Houston, for respondent.

Before SCHNEIDER, C.J., and HUTSON-DUNN, O'CONNOR, HEDGES and TAFT, JJ.


EN BANC OPINION

SCHNEIDER, Chief Justice.

After the respondent, Judge Mike Wood, signed a final judgment in this case, the relator, the defendant, filed a motion for new trial. Judge Wood (a) orally granted the relator's motion for new trial, on the record; (b) made and initialed a docket sheet entry that stated "MNT granted"; and (c) signed an order setting the case for trial. There is no indication that an order setting aside the final judgment was signed...

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