In re Est. of Castillo

1 Citing case

  1. In re Estate of Velvin

    No. 06-12-00062-CV (Tex. App. Aug. 2, 2012)   Cited 4 times

    We find, as did our sister court in Butler, that permitting the County Court to proceed despite a mandatory requirement to transfer the case would result "in a waste of judicial resources," such that "any eventual appellate remedy would be inadequate." 2009 WL 4841057, at *3; see Vorwerk, 6 S.W.3d at 785; see also In re Estate of Castillo, No. 13-11-00703-CV, 2011 WL 6034292, at *1 (Tex. App.—Corpus Christi Nov. 18, 2011, orig. proceeding) (mem. op.) (granting petition for writ of mandamus for failure to transfer case pursuant to Section 4D of Texas Probate Code). Thus, mandamus relief is appropriate. Accordingly, we lift the stay previously imposed in this case, conditionally grant the writ of mandamus, and rule that Respondent is obligated to transfer to the County Court at Law the contested matters involving Davis' removal as administrator, Russell's appointment as successor administrator, and Demond's appointment as attorney ad litem for C.A.