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GARRISON v. MEAD

No. 16955.

553 S.W.2d 25 (1977)

Barnett W. GARRISON, Relator, v. Honorable Herman W. MEAD, Respondent.

Court of Civil Appeals of Texas, Houston (1st Dist.).

June 30, 1977.

Attorney(s) appearing for the Case

Schleider & Ewing, Ben H. Schleider, Jr., Harry G. Dippel, Paul S. Francis, Houston, for relator.

Joe G. Resweber, County Atty., Billy E. Lee, Asst. County Atty., Houston, for respondent.

Liddell, Sapp, Zivley & Brown, Willis Witt, Conway L. Wallace, Lackshin & Nathan, Bernus Wm. Fischman, Houston, for Rita J. Wilder as amicus curiae.

PEDEN, Justice.

Relator brings this original proceeding to terminate a pending divorce suit in view of the death of the other party to the divorce, Candace Mossler Garrison. He seeks a writ of mandamus to compel dismissal of the divorce or a writ of prohibition to prevent further proceedings other than dismissal.

On December 3, 1975, the trial judge signed an order granting a divorce to Mrs. Garrison but reciting that he had appointed

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