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IN RE WELLS

No. 14-07-00653-CV.

252 S.W.3d 439 (2008)

In re Calvin D. WELLS d/b/a Wells & Sons Roofing Company, Relator.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled April 3, 2008.

Attorney(s) appearing for the Case

Melina B. Cain, Damian E. Lacroix, Roderick O. Gibson, Houston, for appellant.

Richard O. Werlein, Magnolia, for appellee.

Panel consists of Justices YATES, SEYMORE, and GUZMAN.

MAJORITY OPINION

LESLIE B. YATES, Justice.

In this original proceeding, relator Calvin D. Wells, d/b/a Wells & Sons Roofing Company, seeks a writ of mandamus directing the respondent, R. Jack Cagle, presiding judge of Harris County Civil Court at Law No. 1, to (1) vacate his orders of July 12, 2007 and July 27, 2007 denying relator's motion to dismiss the underlying lawsuit filed by real party Gary Roberts; (2) enter an order granting the motion to dismiss...

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