Charles F. Bantuelle v. James F. Renfroe

After we delivered our earlier opinion, appellant filed a motion for rehearing, which we held pending the trial judges report of his findings at the evidentiary hearing pursuant to our direction in that opinion. The report of the judge was subsequently filed, and appellees moved to dismiss the appeal. Appellant has also filed a motion for leave to file a petition for writ of mandamus requiring the judge to order the court reporter to prepare and transmit to this court a complete transcript of the evidence at that hearing and also a complete statement of facts of the trial on the merits. On May 6, 1981, we overruled appellants motion for rehearing and also his motion for leave to file a petition for mandamus, and we sustained appellees motion to dismiss the appeal. We now state our reasons for these rulings.