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GARZA v. POPE

No. 04-97-00083-CV.

949 S.W.2d 7 (1997)

Dario Omar GARZA, Relator, v. Honorable John A. POPE, III, Respondent.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 30, 1997.

Attorney(s) appearing for the Case

Margil Sanchez, Jr., Rio Grande City, for Relator.

Jose Luis Garza, Rio Grande City, James L. Rodriguez, San Antonio, for Respondent.

Before HARDBERGER, C.J., and LOPEZ and ANGELINI, JJ.

OPINION

HARDBERGER, Chief Justice.

In this original proceeding we determine whether the court abused its discretion in denying relator's motion to cancel or modify a lis pendens filed against a 20 acre tract. We conditionally grant a writ of mandamus directing the court to cancel the lis pendens.

Factual and Procedural Background

Relator Garza owns 219 acres of land in Starr County. He has subdivided 20 acres for a residential development...

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