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in Re Rhonda Lee Cougot
Citation: Not availableDocket: 10-21-00221-CV
Court: Court of Appeals of Texas; September 15, 2021; Texas; State Appellate Court
Original Court Document: View Document
Relator Rhonda Lee Cougot's Petition for Writ of Mandamus was denied by the Tenth Court of Appeals. Additionally, her Motion for Emergency Stay was dismissed as moot. The opinion was delivered on September 15, 2021, by Justice Matt Johnson, with Chief Justice Gray dissenting. Chief Justice Gray expressed that he would have granted the emergency motion for a stay of trial court proceedings, particularly regarding the upcoming trial. He emphasized the critical importance of the testimony from the decedent's attorney about the testator’s intent, arguing that improper protection of this testimony could lead to significant harmful error in the trial's outcome. Gray contended that addressing this issue through mandamus before the trial is preferable to waiting for a direct appeal post-trial, referencing jurisprudential precedents. No separate opinion was issued by Chief Justice Gray.