Porter v. Vick

This mandamus proceeding arises out of a trial court order vacating the grant of a new trial. The Honorable Phillip Vick presided over the non-jury trial and rendered judgment for defendant Nicholas Hsu that plaintiff John W. Porter take nothing, and that the contingent third-party claim against Royce Coleman was therefore immaterial.

Porter and Coleman timely filed a motion for new trial. All parties received notice of the proposed hearing. On the hearing date, counsel for Hsu was detained at a court in another county. His office telephoned Judge Vick’s office and apparently obtained the…