Benavides v. Garcia

OPINION

REEVES, Justice.

This is an original mandamus action in which relator, Leticia Pollock Benavides, seeks an order directing Judge Ruben Garcia of the 49th District Court of Webb and Zapata Counties to dismiss a divorce suit presently pending in that court.

Relator filed suit for divorce on September 28, 1983. Respondent in the divorce action (defendant) filed an answer containing a general denial and a request that he be appointed managing conservator of the parties’ son. Relator filed a motion to dismiss on April 11, 1984, and subsequently filed a motion to transfer the case, a motion…