Miller v. Lesher

OPINION

SEARS, Justice.

This original mandamus proceeding was instituted by Ronnie Miller against the Honorable Arthur C. Lesher, Jr., retired, sitting for the 85th District Court of Brazos County, Texas. Relator contends that Judge Lesher abused his discretion by failing to grant relator’s motion to set a super-sedeas bond pursuant to Rule 364(a) of the Texas Rules of Civil Procedure. We agree, and the writ of mandamus is conditionally granted.

In the general election held in Brazos County in November, 1984, Ronnie Miller, relator and contestee, was elected the sheriff of said county. Howard…