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IN RE FUSELIER

No. 01-00-00645-CV.

56 S.W.3d 265 (2001)

In re Jason Brice FUSELIER, Relator.

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

Rehearing Overruled October 18, 2001.

Attorney(s) appearing for the Case

Cynthia Cameron, Houston, for Relator.

Timothy Hootman, Gary E. Patterson, Easley & Patterson, Houston, for Real Party in Interest.

Panel consists of Chief Justice SCHNEIDER and Justices HEDGES and NUCHIA.

OPINION

NUCHIA, Justice.

This is a petition for writ of mandamus challenging the entry of a nunc pro tunc order of dismissal without prejudice in trial court cause number 97-16938 by respondent, the Honorable Linda Motheral, presiding judge of the 257th District Court, as void.

In March 1997, Kelli Nicole Carter Jones, real party in interest, sued Jason Brice Fuselier to establish paternity. The child who was the subject of the lawsuit died in April...

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