B. H. Jones v. Honorable Gus J. Strauss

This is an original proceeding for writ of prohibition in which B. H. Jones seeks to prevent Jack Colle and the two district judges in Colorado County, the Honorable Gus J. Strauss and the Honorable B. B. Schraub, from forcing him to relitigate his right to an accounting for production on a certain oil and gas producing property. Jones seeks the writ of prohibition on the basis that this court has already rendered final judgment for him in Jones v. Colle, 727 S.W.2d 262 (Tex. 1987). Because a majority of the court concludes the action of Respondent Colle is in conflict with this courts opinions in Cherokee Water Co. v. Ross, 698 S.W.2d 363 (Tex. 1985) and Humble Oil and Refining Co. v. Fisher, 152 Tex. 29, 253 S.W.2d 656 (1952), we grant the writ of prohibition against Respondent Colle. For the reasons given below, we deny the writ of prohibition against the district judges, without prejudice to refiling.