Kody Malloy Smith v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-07-00705-CV In re Preston Graham ORIGINAL PROCEEDING FROM TOM GREEN COUNTY OPINION Relator Preston Graham petitions for a writ of mandamus directing the county court at law to transfer a probate proceeding from Tom Green County to Travis County. Because we hold that venue of the underlying proceeding is mandatory in Travis County, we conditionally grant Preston’s petition.1 A trial court’s denial of a motion to transfer venue pursuant to a mandatory venue provision is reviewable by mandamus. See

Tex. Civ. Prac. & Rem. Code Ann. §§…