Jacobs v. Yates

Several aspects of the majority opinion are troubling to me.

The opinion initially concludes that Arlanda Jacobs made no showing of surprise by Doris Diane Tyler’s counterclaim and the hearing held two hours after the counterclaim was filed. I disagree. A hearing had previously been set for 3:00 p.m. on May 16, 2000, on Tyler’s residency, which was the sole issue raised by Jacobs in his mandamus petition. The issue of the insufficient funds check was not raised by Tyler until her counterclaim which was filed at 11:50 a.m. on the day of the hearing. Jacobs was not served with the counterclaim…