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MARCUS v. SMITH

Nos. 01-09-00321-CV, 01-09-00461-CV, 01-09-00702-CV.

313 S.W.3d 408 (2009)

David E. MARCUS, Appellant, v. Margaret A. SMITH, Appellee. In re David E. Marcus, Relator.

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

December 17, 2009.

Attorney(s) appearing for the Case

Richard Bernard Farrer, Yetter, Warden & Coleman, L.L.P., Austin, TX, for Appellant.

Earle S. Lilly, Zooey Wharton, Lilly, Newman & Van Ness, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices KEYES, ALCALA, and HANKS.

OPINION

ELSA ALCALA, Justice.

In this appeal and these petitions for writs of mandamus, David E. Marcus seeks relief from the trial court's March 3, 2009 order dismissing his lawsuit and imposing trial attorney's fees, and from the trial court's April 16, 2009 temporary orders imposing appellate attorney's fees and quashing exhibits.1 In three issues raised in the appeal, Marcus contends the trial court erred by (1) awarding...

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