Ware v. Marquez

OPINION

PRESLAR, Chief Justice.

This is a mandamus proceeding brought by Ferdinand M. Ware, Jr., Relator, seeking to compel the Honorable Edward S. Marquez, District Judge, to set aside his order granting a mistrial and to reenter judgment in his favor. The case was originally tried by the late Judge Jack N. Fant; but while the matter was pending in this Court, Judge Fant died and Judge Marquez was appointed as his successor, and under the provisions of State v. Olsen, 163 Tex. 449, 360 S.W.2d 402 (1962), we granted Relator’s petition to substitute Judge Marquez as a Respondent. Mandamus is…