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DB ENTERTAINMENT, INC. v. WINDLE

Nos. 2-96-034-CV, 2-96-035-CV.

927 S.W.2d 283 (1996)

DB ENTERTAINMENT, INC. d/b/a Baby Dolls Topless Saloon, Inc. and Baby Dolls Topless Saloon, Inc., Relators, v. The Honorable Don WINDLE, Judge Probate Court No. 1, Denton County, Texas, Respondent.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 30, 1996.

Attorney(s) appearing for the Case

Law Offices of Charles J. Quaid and Charles J. Quaid, Dallas, for Relators.

Griffin, Whitten & Jones and Mike Griffin, Michael J. Whitten, Michelle Jones, Denton, for Respondent.

Before LIVINGSTON, DAUPHINOT and BRIGHAM, JJ.

OPINION

DAUPHINOT, Justice.

INTRODUCTION

In these two identical mandamus proceedings, we must determine if a statutory probate court can transfer to itself, under section 608 of the probate code, a wrongful death suit pending in district court so that the wrongful death suit can be tried ancillary to guardianships pending in the statutory probate court. Because the statutory probate court in this case did not have statutory authority to transfer...

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