The Dallas Court of Appeals has issued an Opinion in a mandamus proceeding that establishes a new standard for mandamus relief. In In re Pendragon Transportation, LLC, Pendragon complained of a trial court order that appointed a special master to attend depositions in the case and to make rulings on any objections, assertions of
adequate remedy by appeal
Mandamus Granted Over Denial of Special Exception
By Mike Northrup on
Posted in Opinions & Judgments
Here’s one to put in your mandamus file. The Dallas Court of Appeals has held that the trial court abused its discretion by denying a special exception and that the relators had no adequate remedy by appeal. Of course, there’s more to this holding than meets the eye.
This is a sharolder derivative suit governed…
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…
Pay for Play An Abuse of Discretion
By Byron Henry on
Posted in Opinions & Judgments
The Houston (Fourteenth) Court of Appeals recently held that a trial court abuses its discretion if it conditions a trial setting on the payment of sanctions. Here, after a plaintiff and his attorney were sanctioned $45,000 and $5,000, respectively, they challenged the sanctions order by mandamus. In its memorandum opinion, the court of appeals began…