SIMPSON v. STEM

No. 10-91-217-CV.

822 S.W.2d 323 (1992)

Letrece SIMPSON, Relator, v. Honorable Robert STEM, Judge, 82nd District Court, Falls County, Texas, Respondent.

Court of Appeals of Texas, Waco.

January 8, 1992.


Attorney(s) appearing for the Case

Ron Butler, Marlin, for relator.

El-Hadi T. Shabazz, Waco, for respondent.

Before THOMAS, C.M., and CUMMINGS and VANCE, JJ.


OPINION

CUMMINGS, Justice.

The primary issue in this mandamus proceeding is whether the trial court erred in denying Relator Letrece Simpson a jury trial to determine conservatorship/custody issues. Because Relator could not comply with Rule 216 after the case was set on the nonjury docket with less than forty-five days notice to Relator in violation of Rule 245, we conditionally grant the writ. See Tex.R.Civ.P. 216, 245.

On January 17, 1991...

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