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IN RE JONES

No. 04-98-00214-CV.

974 S.W.2d 766 (1998)

In re R.W. JONES, Jr., Relator.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 9, 1998.

Attorney(s) appearing for the Case

David S. Gragg, Steven B. Treu, Jeffers & Banack, Inc., San Antonio, for Appellant.

Ramiro Estrada, Jr., Law Offices of Ramiro Estrada, Jr., San Antonio, Jeffrey D. Small, San Antonio, for Appellee.

Before HARDBERGER, C.J., and GREEN and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

R.W. Jones seeks a writ mandamus to compel the Honorable John Gabriel, Jr. to withdraw what Jones contends is a void Rule 306a, TEX.R. CIV. P., order. We conditionally issue the writ.

FACTUAL AND PROCEDURAL BACKGROUND

Jones sued Ramiro and Gloria Estrada and Jose and Olga Diaz to remove a cloud on the title to Jones' claimed homestead and for slander of title. On October 8, 1997, the trial court signed a default...

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