Palermo v. McCorkle

OPINION

DRAUGHN, Justice.

Danny Palermo, relator, seeks a writ of mandamus to compel the Honorable Lamar McCorkle, Judge of the 133rd District Court, Harris County, to set aside his order which denies jurisdiction in a pending suit and thereby deprives relator of a new trial or an opportunity to appeal. Relator asserts that the result of respondent’s order was to vacate a prior order by visiting Judge Oliver Kitzman which granted relator a new trial in the underlying suit tried before Judge Kitzman. We find that the trial court abused its discretion and conditionally grant the writ.

A brief…