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KOESTER v. MONTGOMERY

No. 01-94-00715-CV.

886 S.W.2d 432 (1994)

Paul Henry KOESTER, Relator v. The Honorable John D. MONTGOMERY, Judge of the 309th District Court of Harris County, Texas, Respondent.

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

Rehearing Overruled October 13, 1994.

Attorney(s) appearing for the Case

Bill de la Garza and Pamela E. George, Houston, for relator.

R. Scott Williams, Houston, for respondent.

Before MIRABAL, DUGGAN and WILSON, JJ.

OPINION

MIRABAL, Justice.

This is an original mandamus proceeding. Relator, Paul Henry Koester, has petitioned this Court for a writ of mandamus to compel respondent, Honorable John D. Montgomery, to abate a divorce proceeding and child custody matter currently pending in his court. Relator contends respondent's court has no jurisdiction to hear the case because a simultaneous divorce and custody proceeding between the same parties was filed first, and is...

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