State v. Olsen, A-8902

Decision Date23 May 1962
Docket NumberNo. A-8902,A-8902
Citation360 S.W.2d 402,163 Tex. 449
PartiesThe STATE of Texas, Relator, v. G. C. OLSEN et al., Respondents.
CourtTexas Supreme Court

D. D. Sullivan, Dist. Atty., Andrews, John H. Banks, County Atty., Winkler County, Kermit, for relator.

Warren Burnett, Odessa, Luther E. Jones, Jr., Corpus Christi, for respondents.

PER CURIAM.

Permission to file this original mandamus proceeding in this court was granted on March 14, 1962. Oral Argument was heard and the case submitted for decision on April 25, 1962. The purpose of the proceeding is to require Honorable G. C. Olsen, Judge of the District Court in and for the 109th Judicial District to set aside and vacate a judgment rendered and entered by him in a preliminary proceeding in cause No. 1971, The State of Texas v. John Mack Herring, then pending on the Criminal Docket of said court for Winkler County, and to proceed to trial in said cause.

It has come to the attention of this court that Honorable G. C. Olsen has died since the case was submitted. No doubt a successor will be appointed and will qualify in due time. The proceeding against Judge Olsen is moot. A writ of mandamus will not lie against a successor judge in the absence of a refusal by him to grant the relief Relator seeks. If the successor judge refuses to grant the relief sought, Relator may then amend its application for writ of mandamus and the matter will be decided on the merits. There will be no need for reargument.

Relators will be granted fifteen days from the qualification of a successor to Judge Olsen in which to file an amended application for writ of mandamus. If the successor judge should refuse to grant relief and an amendment is not filed within the time stipulated, this cause will be dismissed. In the meantime, decision in the case will be held in abeyance. Saenz v. Sanders, 151 Tex. 10, 245 S.W.2d 483.

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46 cases
  • In re Prudential Ins. Co. of America, 02-0690.
    • United States
    • Supreme Court of Texas
    • 2 Abril 2003
    ...successor to reconsider the original party's decision"). See also Jampole v. Touchy, 673 S.W.2d 569, 572 (Tex.1984); State v. Olsen, 163 Tex. 449, 360 S.W.2d 402, 403 (1962). 10. 46 Tex. Sup.Ct. J. 794 (June 19, 2003). 11. E.g., Lawrence v. CDB Servs., Inc., 44 S.W.3d 544, 553 (Tex.2001) ("......
  • In re Baylor Medical Center at Garland, 06-0491.
    • United States
    • Supreme Court of Texas
    • 29 Agosto 2008
    ...Baylor is entitled to mandamus review, and if so, whether it is entitled to relief. 1. See TEX.R.APP. P. 7.2(b); State v. Olsen, 163 Tex. 449, 360 S.W.2d 402, 403 (1962) ("A writ of mandamus will not lie against a successor judge in the absence of a refusal by him to grant the relief Relato......
  • In re The Prudential Insurance Co. of America, No. 02-0690 (TX 9/3/2004), 02-0690.
    • United States
    • Supreme Court of Texas
    • 3 Septiembre 2004
    ...successor to reconsider the original party's decision"). See also Jampole v. Touchy, 673 S.W.2d 569, 572 (Tex. 1984); State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). 10. 46 Tex. Sup. Ct. J. 794 (June 19, 2003). 11. E.g., Lawrence v. CDB Servs., Inc., 44 S.W.3d 544, 553 (Tex. 2001) ("[W]e h......
  • Jampole v. Touchy, C-2125
    • United States
    • Supreme Court of Texas
    • 27 Junio 1984
    ...this court to delay action on his petition while he requested that Judge Touchy reconsider Judge Stovall's order. See State v. Olsen, 163 Tex. 449, 360 S.W.2d 402 (1962). Judge Touchy reaffirmed the prior order, and we granted Jampole's motion to amend his petition to substitute Judge Touch......
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