Rosenthal v. Ottis

OPINION

FEDERICO G. HINOJOSA, Jr, Justice.

This is an original mandamus proceeding in which relators, Stanley and Betty Jean Rosenthal, ask us to compel respondent, Judge Joseph Ann Ottis, to conduct a jury trial on the amount of attorney’s fees and expenses that should be awarded to the Ro-senthals as a result of a voluntary dismissal of a condemnation proceeding by the real party in interest, Matagorda County Drainage District No. One (Matagorda). We conditionally grant the petition for writ of mandamus.

Matagorda first brought a condemnation proceeding against land owned by the Rosen-thals in…