Bradley v. Robertson

OPINION

PAUL PRESSLER, Justice.

This petition for writ of mandamus challenges an order entered by respondent denying relator’s Motion to Dismiss the underlying cause styled In the Matter of the Marriage of C. Damon Merrill and Morgan Marion Merrill and in the Interest of Michael Kyle Merrill, a Minor Child in the 308th Judicial District Court of Harris County, Texas. Relator requested a dismissal on the grounds that the death of Mr. Merrill, which occurred prior to any final order disposing of any issues in the case, abated the underlying cause of action. In this original proceeding, relator…