Often one of the biggest disputes at trial relates to the value of services that a claimant seeks to recover from the opposing party. At least for routine cases, the form and manner of proving the value of those services is made easier by statute, but when the value of the services is contested, things
mandamus
Mandamus standard over dominant jurisdiction is relaxed
Once upon a time a trial court’s decision on a question of dominant jurisdiction was not subject to mandamus relief unless one court was actively interfering with another court’s exercise of jurisdiction. The Texas Supreme Court has abrogated that standard in favor of the more flexible standard the court adopted in In re Prudential Insurance…
When is Mandamus Relief Available for Conflicting Trial Settings?
The Texas Supreme Court’s holding in In re Prudential Insurance Co. of America, 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)—that determining whether an appellate remedy is “adequate” requires a balancing of the benefits and detriments of mandamus review and is not an abstract or formulaic determination—seems to have caused a split among the…
Trial court’s reach exceeds its grasp
The Dallas Court of Appeals recently held that a trial court lacks jurisdiction to issue a show-cause order for a non-party to appear if the party is outside the subpoena power of the court. Here, after one unsuccessful mediation, the parties attempted another mediation during trial with the trial court’s blessing. The trial court determined…
Mandamus subject to laches
The Dallas Court of Appeals recently reaffirmed that mandamus is controlled by equitable principles, including laches. Here, the relator waited almost nine months to file its petition without explanation. The Court relied on cases finding waiver in which the petitioner waited four to six months before filing for no apparent reason. Accordingly the Court found…
Discretion to issue “superdupersedeas” against the State
The Supreme Court of Texas has recognized the discretion of a trial court judge to deny the State of Texas automatic supersedeas in cases involving non-monetary judgments pursuant to Texas Rule of Appellate Procedure 24.2(a)(3).
In In re State Board for Educator Certification, a schoolteacher challenged the State Board for Educator Certification’s revocation…
Mandamus Developments at the Dallas Court of Appeals
As most appellate lawyers around Dallas know, the Fifth Court of Appeals has a reputation (well-earned) for disposing of petitions for mandamus in, let’s say, a summary fashion. Specifically, the mandamus denials, with few exceptions, have consisted of three-sentences memorandum opinions, two of which were reserved for the standard introduction ("The facts are well known…
Dallas court limits discovey of expert’s finances
The Dallas Court of Appeals recently issued an opinion limiting the discoverability of an expert’s finances. In this personal injury case, the defendant hired an expert employed by a firm that derived ninety percent of its revenues “from the defense side of the docket.” Armed with this information, the plaintiff sought financial information regarding the…
New Standard for Mandamus Relief?
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…
Trial court’s denial of motion to designate RTP subject to mandamus
The Dallas Court of Appeals recently held (again) that the improper denial of a motion for leave to designate a responsible third party under Chapter 33 of the Civil Practice & Remedies Codes is subject to review by mandamus. The case arose from a collision between a crane truck and a bus. Plaintiff was a…