Akin v. Tipps

• Court: Texas Court of Appeals
• Writing for the Court: STEPHENS
• Citation: Akin v. Tipps, 668 S.W.2d 432 (Tex. App. 1984)
• Decision Date: 06 March 1984
• Docket Number: 05-84-00260-CV,Nos. 05-84-00259-C,s. 05-84-00259-C
• Parties: George Leighton Dahl AKIN, Adrienne Lillian Akin and Laurel Sheffield Akin, Individually and as Next Friend of Ashley Griffin Jones Akin, A Minor, Relators, v. Honorable Arthur TIPPS, Honorable Nathan Hecht, and George L. Dahl, Respondents.

Page 432

668 S.W.2d 432

George Leighton Dahl AKIN, Adrienne Lillian Akin and Laurel Sheffield Akin, Individually and as Next Friend of Ashley Griffin Jones Akin, A Minor, Relators, v. Honorable Arthur TIPPS, Honorable Nathan Hecht, and George L. Dahl, Respondents.

Nos. 05-84-00259-CV, 05-84-00260-CV.

Court of Appeals of Texas Dallas.

March 6, 1984.

R. Jack Ayres, Jr., Thomas V. Murto, III, Dallas, for relators.

Louis P. Bickel, Bickel & Case, Dallas, for respondents.

Before STEPHENS, VANCE and ALLEN, JJ.

STEPHENS, Justice.

In original proceedings in this court, relators have filed a Petition for Writ of Prohibition and a Petition for Writ of Mandamus. Despite respondent's argument that this court lacks jurisdiction to entertain original jurisdiction in these matters, we hold that by amendment of TEX.REV.CIV.STAT.ANN. art. 1824 (Vernon Supp.1984), effective June 19, 1983, the legislature empowered courts of appeals to issue all writs of mandamus agreeable to the principles of law regulating such writs, against any judge of a district or county court. Prior to the amendment, courts of appeals were empowered to issue mandamus against any judge of a district or county court compelling such judge only to proceed to trial and judgment in a cause. The Petition for Writ of Prohibition seeks an order directed against the Honorable Arthur Tipps, a retired district judge, ordering him to cease and desist from presiding over Cause No. 84-2776-D, styled George Leighton Dahl Akin, et al. v. George L. Dahl, now pending in the 193rd Judicial District Court of Dallas County, Texas; and ancillary injunctive relief, ordering the individual respondent, George L. Dahl, to cease and desist from presenting any application for relief in that same cause to Judge Tipps, or any other judge, out of the presence of relators' attorneys, and by further ordering the individual respondent, George L. Dahl, to cease and desist from making any expenditures from the Lille Dahl Trust, pending further orders of this court.

The Petition for Writ of Mandamus seeks an order directing the Honorable Arthur Tipps to declare a certain order entered by him on March 2, 1984, denying an application for a temporary restraining order in that same cause, void, and further commanding him to take no further action in such cause, and an order directed to respondent, the Honorable Nathan Hecht, District Judge of the 95th Judicial District Court, Dallas County, Texas, commanding him to hear Cause No. 84-2776-D, unless he recuses himself.

After duly considering the respective applications of the relators, the record, such as it is, and after hearing arguments of counsel, the following orders are entered.

Respondent, the Honorable Arthur Tipps, is ordered to cease and desist from presiding as judge in Cause No. 84-2776-D, styled George Leighton Dahl Akin, et al., v. George L. Dahl, now pending in the 193rd Judicial District Court of Dallas County, Texas, until and unless he shall be duly assigned to such court, to act in such cause, by the proper authorities, as directed by TEX.REV.CIV.STAT.ANN. art. 200a, § 5(a) (Vernon Supp.1984).

The relief requested against respondent, George L. Dahl, is denied.

The relief requested against respondent, the Honorable Nathan Hecht, is denied.

The order entered by Judge Tipps in Cause No. 84-2776-D, dated March 2, 1984, is declared void.

This action stems from an Original Petition filed by relators in the 95th Judicial District Court of Dallas County, Texas, seeking removal of George L. Dahl as trustee of a certain trust created by Lille E. Dahl, now deceased. Plaintiffs are the grandchildren of the decedent, and of George L. Dahl, the trustee. The petition...