Brown v. Perkins

GUITTARD, Chief Justice.

The question presented by this petition for writ of mandamus is whether rule 364(e) of the Texas Rules of Civil Procedure requires a judge who has removed one guardian and appointed another to fix the amount of a supersedeas bond so that the order may be superseded pending appeal. We deny the writ on the ground that section 28 of the Texas Probate Code (Vernon 1980) provides that the last appointee shall continue to act pending the appeal.

Relator Windle Ray Brown alleges in his petition that he was appointed guardian of the person and estate of Dixie Fay McCay, an…