George Leighton Dahl Akin v. Honorable Arthur Tipps

In original proceedings in this court, relators have filed a Petition for Writ of Prohibition and a Petition for Writ of Mandamus. Despite respondents 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.