Since 1985, the test for whether a writ of mandamus will issue in connection with a trial court’s refusal to grant a plea in abatement under the doctrine of dominant jurisdiction has required proof of an active interference by one court with the jurisdiction of another court. The loosening of mandamus standards does not appear
Special Appearance
No Mandamus against a JP
By Mike Northrup on
Posted in Mandamus
The Amarillo Court of Appeals dismissed a Petition for Writ of Mandamus against a justice of the peace because a court of appeals does not have jurisdiction to issue a writ of mandamus against a justice of the peace.
In In re Smith, the relators sought a writ of mandamus against a justice of…
Mandamus–don’t forget the order
By Mike Northrup on
Posted in Mandamus
Texas Appellate Rule 52.3(k)(1)(A) requires that an appendix to a Petition for Writ of Mandamus must contain a certified or sworn copy of any order complained of, or any other document showing the matter complained of. Appellate courts are very strict in enforcing this requirement. So much so that even when the Respondent trial judge does…
Preserving error to complain of death penalty sanctions
By Mike Northrup on
Posted in Mandamus
In a mandamus setting, it can sometimes be a challenge to ensure that you’ve brought forward all the documents and hearing transcripts required to establish an abuse of discretion. The Houston Fourteenth District Court of Appeals has suggested the record in a death penalty sanctions case may need to be fairly comprehensive. In In re …
Mandamus is not the way to challenge denial of arbitration under the FAA
By Mike Northrup on
Posted in Mandamus
Once upon a time, if there was doubt about whether an arbitration agreement was subject to the Federal Arbitration Act (FAA), a party complaining of a denial of a motion to compel arbitration had to file (1) an interlocutory appeal AND (2) a petition for writ of mandamus, then seek to consolidate the two separate…
Follow Thy Mandate, Redux
By Mike Northrup on
Posted in Mandamus
I recently wrote another blog entry about what happens when the parties or the trial court fail to follow the appellate court mandate. Now, here’s another:
In a prior appeal, the Fort Worth Court of Appeals held that the Plaintiff’s expert report was adequate as to one of two claims and inadequate as to the second claim. The…
New Trial Granted Based on “Inherent Power to Sanction”
By Mike Northrup on
Posted in Mandamus
Last year, the Texas Supreme Court shook things up a little with its opinion in In re Columbia Medical Center, in which it granted a petition for writ of mandamus and ordered a trial court to state the reasons for granting a new trial. Prior to that time, mandamus relief was not available to a…
Election mandamus is turned away
By Mike Northrup on
Posted in Mandamus
Each election season is sure to bring a slew of new mandamus opinions as decisions of our election officials are challenged. That’s what happened in In re Cercone.
Albert Cercone, who is the Republican Party nominee for Dallas County Justice of the Peace, Precinct 3, Place 1, filed a petition for writ of mandamus to…
Discovery of Federal Tax Returns Limited
By Byron Henry on
Posted in Discovery
The Tyler Court of Appeals recently confirmed that individual federal tax returns are discoverable to the extent they are relevant and material. In this case, the tax returns were relevant to the claims and the court found that the parties had agreed to the production of the returns. But that was not the end of the matter. …
Restrictions on the Use of Special Masters
By Mike Northrup on
Posted in Mandamus
Texas Rule of Civil Procedure 171 allows a court to appoint a master in chancery "in exceptional cases, for good cause." In its In re Behringer Harvard Tic Management Services LP opinion, the Dallas Court of Appeals reminded us of what the Texas Supreme Court said about "exceptional cases" almost 20 years ago. A court’s…