Smith v. White

OPINION

SAM BASS, Justice.

Relators seek a writ of mandamus against the Honorable Frank 0. White, Judge of the 295th District Court of Harris County, to compel him to set aside his order requiring relators to post a $100,000 cost bond. The writ is conditionally granted.

This court may issue a writ of mandamus to correct a clear abuse of discretion by a trial judge in a discovery proceeding. West v. Solito, 563 S.W.2d 240 (Tex.1978); Kupor v. Solito, 687 S.W.2d 441 (Tex.App.—Houston [14th Dist.] 1985, orig. proceeding).

On January 24, 1985, after her husband, Charles Smith Jr., failed to return…