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BROWN v. PERKINS

No. 20699.

608 S.W.2d 325 (1980)

Windle Ray BROWN, Appellant, v. Lloyd PERKINS, Judge, Appellee.

Court of Civil Appeals of Texas, Dallas.

November 5, 1980.

Attorney(s) appearing for the Case

Wilson Walters, Dwain Blakley, Denison, for appellant.

David Stagner, Nance, Caston & Nall, Denison, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.

GUITTARD, Chief Justice.

The question presented by this petition for writ of mandamus is whether rule 364(e) of the Texas Rules of Civil Procedure requires a judge who has removed one guardian and appointed another to fix the amount of a supersedeas bond so that the order may be superseded pending appeal. We deny the writ on the ground that section 28 of the Texas Probate Code (Vernon 1980) provides that the last appointee shall continue to act pending the appeal...

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