With its opinion in In re Butler, the Dallas Court of Appeals reminds us that there has been an important change to mandamus procedure. Appellate Rule 52.3 was amended effective September 1, 2008, and now requires a certification by the person filing the petition for writ of mandamus that he or she has reviewed
mandamus
Disqualification Requires Notice and Evidentiary Hearing
By Byron Henry on
Posted in Mandamus, Opinions & Judgments
The Corpus Christi Court of Appeals recently held that a respondent is entitled to notice and an evidentiary hearing before having its counsel disqualified. First, the court determined it had jurisdiction to issue a writ of mandamus against a presiding judge of a administrative judicial district because the judge was acting in the capacity of…
Party Ordered to Sign Medical Records Authorization
By Byron Henry on
The Amarillo Court of Appeals recently held that a party may be ordered to sign a medical records authorization in response to a request for disclosure pursuant to TRCP 194.2. The defendant served a request for disclosures including a request for execution of an authorization to release medical records under Rule 194.2(j). The plaintiffs argued they could respond by…
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry on
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas–which has no connection to the parties, the witnesses, or the facts of this case–to the Dallas Division of the Northern District of…
Mandamus waiver
By Mike Northrup on
Posted in Appellate Rules, Mandamus
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…