Legal Opinion · Dissent

Estate of Townes v. Wood

Texas Court of Appeals, 1st District (Houston)

Decided October 21, 1996No. 01-96-00875-CVPublished

1DissentMirabal, Justice

Relator seeks mandamus relief to compel respondent to withdraw his ruling that he has continuing jurisdiction over the underlying litigation. I would grant leave to file, because I am of the opinion that relator is entitled to the relief requested.

Respondent Judge Wood signed a final judgment on August 8, 1995. After that, relator timely filed a motion for new trial. On October 20, 1995, respondent timely (a) orally granted relator’s motion for new trial, on the record; (b) made and initialed a docket sheet entry “MNT granted”; and (c) signed a docket control order, setting the case for trial…

2Cases cited4 opinions

  1. Faulkner v. CulverTexas Supreme Court · 1993
  2. Charles L. Hardtke, Inc. v. Katz, Texas Court of Appeals, 1st District (Houston)1991
  3. Thorpe v. Volkert, Texas Court of Appeals, 1st District (Houston)1994
  4. Palermo v. McCorkleCourt of Appeals of Texas · 1992

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