RUSH v. STANSBURY

No. C-2312.

668 S.W.2d 690 (1984)

Garnett RUSH v. Honorable Thomas O. STANSBURY, Judge et al.

Supreme Court of Texas.

Rehearing Denied May 23, 1984.


Attorney(s) appearing for the Case

Haynes & Fullenweider, Clinard J. Hanby, Houston, for relator.

Ronald G. Fitzgerald, Houston, for respondent.


KILGARLIN, Justice.

This is an original mandamus proceeding which involves conflicting child custody decrees from Texas and Tennessee courts. The respondent district judge has rendered two orders: the first modified a Tennessee custody order by changing managing conservatorship to the father; and, the second denied Mrs. Rush's petition for writ of habeas corpus. We hold that the Tennessee decree takes precedence over the Texas action and, therefore, conditionally...

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