Burns v. Kelly

ORIGINAL PROCEEDING IN MANDAMUS

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

Our original opinion of August 10, 1983, is withdrawn and the following is substituted.

We first note that respondents urged in their first motion for rehearing that this court denied them their right to oral argument. Full oral argument was granted at the hearing held on the motion for rehearing which should satisfy this requirement.

This is an original mandamus proceeding filed in this court under Tex.Rev.Civ.Stat. Ann. art. 1735a (Vernon 1962) to compel a recall election of a city council member of the City…