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MONROE v. BLACKMON

No. 13-96-642-CV.

946 S.W.2d 533 (1997)

Jeffrey Lee MONROE and Gena Jo Monroe, Relators, v. Hon. Robert M. BLACKMON, Visiting Judge of the 319th District Court of Nueces County, Texas, Respondent.

Court of Appeals of Texas, Corpus Christi.

May 15, 1997.

Attorney(s) appearing for the Case

William R. Edwards, III, William R. Edwards, Edwards, Terry, Baiamonte & Edwards, Corpus Christi, Alfred W. Davis, Davis & Davis, Bryan, for Relators.

W. Stephen Rodgers, Rodgers, Miller, Ellison & Holt, Bryan, Benjamin Roeder, Collins & Roeder, Houston, Fred E. Davis, Davis & Davis, Bryan, Tom Hermansen, Carlos Villarreal, Hunt, Hermansen, McKibben & Barger, Corpus Christi, Marc A. Sheiness, Hirsch, Glover, Robinson & Sheiness, Houston, for Real Party in Interest.

Before the court en banc.

OPINION

CHAVEZ, Justice.

By the present mandamus proceeding, relators, Jeffrey and Gena Monroe, complain that the respondent, Judge Robert Blackmon, abused his discretion in failing to recuse a trial Judge, the Honorable Max Bennett, from presiding over the underlying lawsuit. The basis of the sought recusal is that Judge Bennett is represented in another matter, currently before the Supreme Court of Texas, by counsel for a defendant in the underlying cause...

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