City of Garland v. Long

MITCHELL, Justice.

The City of Garland (“Garland”) applied for a writ of mandamus against Bill Long, District Clerk of Dallas County, Texas (“Long”), to compel him to issue a writ of execution for costs awarded Garland on an appeal. For the reasons given below, we deny Garland’s application.

In November 1982, Garland sued Larry Futerfas and Glenn Galloway to abate a common law nuisance on certain realty. After Garland rested, Futerfas and Galloway moved to dismiss. The trial court, finding that Futerfas and Galloway were not responsible for the contamination of the realty, granted their motion,…