In re Denison, 145 S.W.3d 803 (Tex. App.—Eastland 2004, orig. proceeding [mand. denied]).
Beneficiary requested an accounting under Probate Code § 149A in
county court and requested the assignment of a statutory probate court
judge to hear the case under Probate Code § 5(b). The county court
denied the motion. Beneficiary then brought a mandamus proceeding.
The appellate court denied the writ. Probate Code § 5(b-1) provides that
the county court must grant a motion for the assignment of a statutory
probate court judge to hear a contested case unless the county court
judge has already transferred the matter to the district court. The
county court judge had transferred the case to district court under
Probate Code § 5(b) many years before Beneficiary requested the
assignment of a statutory probate court judge. Consequently, mandamus
was not appropriate.
Moral: Once a county court transfers a contested case to a district
court, it is too late to request the assignment of a statutory probate
court judge to hear the case.