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IN RE MIRANDA

No. 08-03-00487-CV.

142 S.W.3d 354 (2004)

In re Porfirio MIRANDA, R.N., Relator.

Court of Appeals of Texas, El Paso.

March 25, 2004.

Attorney(s) appearing for the Case

Steven L. Hughes, Mounce, Green, Myers, Safi & Galatzan, El Paso, for Relator.

Cynthia S. Anderson, Kemp Smith, P.C., Michael R. Heitz, Lovett Law Firm, El Paso, for Respondent.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

This is an original proceeding in mandamus. Porfirio Miranda, R.N., Relator, seeks a writ of mandamus requiring the Honorable Gonzalo Garcia, Judge of the 210th District Court of El Paso County, to vacate an order granting a new trial after his plenary power had expired. For the reasons stated below, we conditionally grant relief.

FACTUAL SUMMARY

George and Rosa...

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