Taack v. McFall

Relator, Dorothy Reed Taack, seeks a writ of mandamus to compel Judge John R. McFall to vacate his order granting a new trial in a divorce action between relator and Wayne Taack. We conditionally grant the writ.

Dorothy Reed Taack sued Wayne Taack for divorce. Judge McFall rendered a default divorce decree on October 8, 1982. Wayne Taack timely filed a motion for new trial, and a hearing on the motion was held on November 3, 1982. Judge McFall orally granted Mr. Taack’s motion for new trial and noted his action on the docket sheet. On that same day, November 3, Judge McFall granted Dorothy…