Thomas v. Miller

OPINION

GRANT, Justice.

Relator, James Thomas, Jr., M.D., filed a petition for writ of mandamus to compel the Honorable John Miller, Jr. to vacate a summary judgment entered in the underlying case while the relator was in bankruptcy. In the underlying suit, the Medical Arts Hospital sued James Thomas, Jr., claiming that he breached his contract with them. The following dates are critical to our examination of this motion.(1) Judge Miller rendered summary judgment on the underlying case on August 8, 1994.(2) Thomas had filed for bankruptcy three days earlier, on August 5, 1994.(3) The bankruptcy…