Marino v. Hartsfield

On Application for Writ of Error to the Court of Appeals for the Ninth District of Texas.

The circumstances of this case, which are described in the court of appeals’ opinion, 849 S.W.2d 835, are in all material respects identical to those in National Union Fire Insurance Co. v. Ninth Court of Appeals, 864 S.W.2d 58 (Tex.1993), save in the manner the case comes to us. National Union was an original mandamus proceeding, while this case is an appeal by writ of error which requests mandamus relief in the alternative. For the reasons given in National Union, a majority of the Court, without…