David R. Womack v. Charles D. Berry

Summary

The Texas Supreme Court granted the writ of mandamus, ordering the trial court to dismiss the relator's suit against Michael Patton with prejudice, to grant a separate trial of the issues concerning the minors' trust, and to set aside the stay order entered under the Soldiers' and Sailors' Civil Relief Act. The Court held that the trial court abused its discretion by refusing a severance and staying the entire proceeding, and that mandamus is appropriate to correct such clear abuse. Justice Griffin dissented, arguing that the trial court's actions were discretionary and not a clear abuse of discretion.