David R. Womack v. Charles D. Berry

Summary

The Texas Supreme Court granted a writ of mandamus ordering the trial court to dismiss the relator's suit against Michael with prejudice, to grant a separate trial of the issues concerning the minors' trust, and to set aside the stay of proceedings. The Court held that the trial court abused its discretion by refusing a severance and staying the entire case, and clarified that mandamus may be issued to correct a clear abuse of discretion in such circumstances. Justice Griffin dissented, arguing the trial court's actions were within its discretionary authority.