Legal Opinion · Dissent

In Re Graham

Texas Court of Appeals, 3rd District (Austin)

Decided April 18, 2008No. 03-07-00705-CVPublished

1DissentJan P. Patterson, Justice

In this original proceeding, the majority concludes that the trial court’s denial of relator Preston Graham’s motion to transfer venue from Tom Green County to Travis County was an abuse of its discretion. The trial court declined to grant relator’s motion made 1½ years after the will had been admitted to probate and only after litigation had erupted.1 Because the ma*852jority improperly substitutes its judgment for that of the trial court in contravention of well-established standards of review, I respectfully dissent.

“In mandatory venue mandamus actions, we look only to whether the trial court…

2Cases cited6 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  4. Snyder v. PittsTexas Supreme Court · 1951
  5. In Re Applied Chemical Magnesias Corp.Texas Supreme Court · 2006

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