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CAPLAN v. DAGGETT

No. B14-90-044-CV.

784 S.W.2d 146 (1990)

Jeanne K. Heard CAPLAN, Relator, v. The Honorable Allen J. DAGGETT, 310th Judicial District Court, Respondent.

Court of Appeals of Texas, Houston (14th Dist.).

February 13, 1990.

Attorney(s) appearing for the Case

Pamela E. George, Samuel S. Blustein, Houston, for relator.

Thomas R. Conner, Houston, for respondent.

Before JUNELL, ROBERTSON and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

This is an original mandamus proceeding involving the issue of whether a Texas district court may exercise its continuing jurisdiction to modify a child custody decree when the child's home state is now California. Because the respondent district judge improperly assumed jurisdiction and ordered a change in the custody of the child, we conditionally grant the writ.

Jeanne K. Heard Caplan, relator, and John F. Heard, Jr....

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