In Re Dickason

Relator Allen Dickason seeks a writ of mandamus to compel the trial court to vacate an order granting a new trial. Bécause the trial court did not have plenary power to grant the new trial, we conditionally grant the writ.

In the underlying litigation, Frank McElli-gott sued Dickason for alleged violations of McElligott’s free speech rights and for intentional infliction of emotional distress after Dickason attempted to secure protection from a deposition subpoena. The subpoena was issued in connection with McElligott’s pending divorce from his -wife. McElligott apparently believed that his…