Discovery Operating, Inc. v. Baskin

OPINION

KOEHLER, Justice.

This is an original proceeding in mandamus relating to an objection to the assignment of a retired judge under Tex. Gov’t.Code Ann. § 74.053 (Vernon Supp. 1993), and his refusal to remove himself from the case. Three questions are involved: First, did the Relator stipulate that it would waive its right to object to the assignment of the regular judge to preside over the trial of the case after the judge retired; second, assuming the Relator did so stipulate, did it effectively waive or lose its right to object when the assignment was actually made several months later;…