Rusek v. McCain

DUNAGAN, Chief Justice.

This is a mandamus case. Relator, Walter Rusek, Trustee, has initiated this original proceeding to require the Respondent, the Honorable Tate McCain, to vacate an order granting a mistrial and to enter judgment for Relator.

The suit was tried to a jury in the 3rd Judicial District Court of Anderson County, Texas. It was a usury case in which the plaintiffs sued the Relator in his capacity as Trustee for three trusts. When the plaintiffs rested their case they had presented no evidence that notice of the suit had been given to the trust beneficiaries as required by…