Due Process requires an opportunity to be heard
The Dallas Court of Appeals has held that "due process requires that a party be given the opportunity to present its arguments to a court before the court makes a ruling." (citing TRAP 52.4).
In In re Victor Enterprises, Inc., the trial court (Dallas County Court at Law No. 1) granted a petition for writ of mandamus without requesting a response from Victor Enterprises. Victor Enterprises sought mandamus relief in the court of appeals. Interestingly, the court of appeals requested a response from the real party in interest. The real party in interest filed no response. The court of appeals concluded that the trial court abused its discretion by granting the petition without requesting a response or allowing Victor Enterprises time to file a response. The writ of mandamus was conditionally granted. The court's opinion may be found here.
