NCF, INC. v. Harless

OPINION

BAKER, Justice.

Relator NCF, Inc. seeks writ of mandamus directing respondent the Honorable Fred Harless to vacate a judgment of contempt against NCF. NCF argues that section 74.053 of the Texas Government Code disqualifies Judge Harless. We agree. We conditionally grant the writ.

THE BACKGROUND FACTS

Real-party-in-interest Coopers & Lybrand sued NCF and other defendants. On the parties’ agreed motion, the trial court referred the controversy for trial before Judge Harless, sitting as a special judge under chapter 151 of the Texas Civil Practice and Remedies Code. Judge Harless rendered…