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IN RE FLORES

No. 01-03-00641-CV.

135 S.W.3d 863 (2004)

In re Michael A. FLORES, Relator.

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

February 19, 2004.

Attorney(s) appearing for the Case

Frank E. Freeman, Houston, TX, for ad litem.

Lawrence S. Rothenberg, Attorney at Law, Houston, TX, for Relator.

Panel consists of Chief Justice SHERRY RADACK and Justices KEYES and ALCALA.

OPINION

SHERRY RADACK, Chief Justice.

The issue presented in this petition for writ of mandamus is whether a trial court may refuse to set a case for trial because of a party's refusal to pay interim attorney's fees, which the trial court had previously ordered to be paid to the opposing party. We hold that, in this case, it may not, and, accordingly, conditionally grant the petition for writ of mandamus...

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