Rubin v. Hoffman

OPINION

BAKER, Justice.

Relator Ted Rubin seeks writ of mandamus directing the Honorable Leonard Hoffman to vacate a temporary injunction. Judge Hoffman signed the order as a visiting judge. Rubin contends that Judge Hoffman had a mandatory duty to disqualify himself in response to Rubin’s objection under section 74.053 of the Texas Government Code. We agree. We conditionally grant the writ.

THE PROCEDURAL BACKGROUND

Real parties in interest Thomas P. Jones IV and Denise Kimberling Jones sued to enforce a restrictive covenant against Rubin and his wife. The Joneses sought a temporary injunction…