Brown v. Moore

OPINION

SEARS, Justice.

This is an original mandamus proceeding in which relators seek to compel the Honorable Louis Moore, respondent, to set aside an order granting a motion for non-suit. The motion and order for non-suit were prepared and filed by the defendant without the approval or consent of plaintiff. The order attached to the unsigned motion was subsequently signed by Judge Moore on March 22, 1985, again without the approval or knowledge of counsel for Plaintiff-Relator Brown. Relators contend that the trial court has jurisdiction to set aside the order and should be required to do so.…