Texas Court of Appeals, 13th District May 21, 2002, 13-02-00158-CV (In Re Martinez)

OPINION

HINOJOSA, J.

In this mandamus proceeding, relator, Andres Martinez, complains that the trial court improperly granted the motion for new trial of real party-in-interest, Donna Independent School District, after he non-

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suited all of his claims against Donna ISD and Donna ISD had no claim on file for affirmative relief.