Mandamus waiver
The Houston Fourteenth District Court of Appeals has held that a Relator must challenge all possible grounds supporting a trial court's ruling by its Petition for Writ of Mandamus or the Relator waives its complaint. In In re TCW Global Project Fund II, Ltd., No. 14-08-00116-CV (Sept. 24, 2008), the Relator filed a Petition for Writ of Mandamus complaining of the trial court's order denying a motion to dismissed based on a forum selection clause. The Court of Appeals holds that TRAP 52.5's requirement that a Relator "may file a reply addressing any matter in the response" is indistinguishable from TRAP 38.3's language providing that the Appellant "may file a reply brief addressing any matter in the appellant's brief." The opinion of the court may be found here.
