Texas Supreme Court

Leonard Charles Dancy, Sr., Relator v. the Honorable Allen J. Daggett, Judge, Respondent

September 18, 199134 Tex. Sup. Ct. J. 828

Summary

The Texas Supreme Court conditionally granted mandamus relief, overturning the trial court's temporary orders in a divorce proceeding because the trial court abused its discretion by refusing to postpone the hearing despite counsel's conflict. The Court affirmed that mandamus is proper to correct a clear abuse of discretion and that appellate courts lack independent discretion to grant mandamus.