Brines v. McIlhaney

GARWOOD, Justice.

This is an original mandamus proceeding seeking transfer of motions to designate managing conservatorship of a child to the county of the child’s residence. The issues presented are whether the provision of the decree of divorce appointing the child’s mother “temporary” managing conservator and the divorce decree itself were final. Our holding is that both were final, and we accordingly have conditionally granted the writ.

Robert Claude and Judy Lynn Brines were divorced by decree of the 31st district court of Roberts County dated February 26, 1979. The decree appointed Judy…