Tag Archives: responsible third party

Mandamus is Proper When Leave Denied to Join Responsible Third Parties

The Dallas Court of Appeals recently weighed in (again?) on whether a trial court’s erroneous ruling regarding designation of a responsible third party is subject to mandamus.  In this case, the trial court denied relator’s motion to designate a responsible third party.  The trial court did not allow relator to replead.  A divided panel held … Continue Reading

CPRC 33.004(e) not applicable to vicariously liable defendants

The Houston (First) Court of Appeals recently held that section 33.004(e) of the Texas Civil Practice and Remedies Code does revive claims against defendants whose liability is solely vicarious. Section 33.004(e) allows plaintiffs to join as defendants those designated as responsible third parties notwithstanding the applicable statute of limitations.  Plaintiffs in this case filed suit against Wells Fargo … Continue Reading