OPINION
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In Re State of Texas (Tex. 2011)(Opinion by Chief Justice Jefferson)
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FULL TEXT OF OPINION [ coming soon ]
Opinions are available in pdf from the Court's website. Follow docket-number hotlink or click the case-style
hyperlink to download the pdf file.
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
In Re State of Texas, No. 10-0235 (Tex. Aug. 26, 2011)(Chief Jefferson)(severance order set aside
as prejudicial by mandamus)
IN RE STATE OF TEXAS; from Travis County; 3rd district (03-10-00121-CV, ___ SW3d ___, 03-31-10)
The Court conditionally grants the writ of mandamus.
Chief Justice Jefferson delivered the opinion of the Court. [pdf]
After the State sought to condemn a tract of land, the owners subdivided the property into
eight separate parcels. The trial court then severed the case into eight different proceedings. The
State contends that the severance was improper, and it seeks a writ of mandamus requiring the trial
court to vacate the order. Because the severance would require eight trials where only one is
appropriate, and because it would preclude the State from presenting relevant valuation evidence,
we conditionally grant the writ.
Conclusion
The trial court’s severance order prejudices the State’s right to offer its valuation evidence
and would cause needless duplication of legal services and expert testimony, wasting not only the
parties’ resources but those of the public at large. Accordingly, we conditionally grant the writ of
mandamus and direct the trial court to vacate its severance order. We are confident the trial court
will comply, and our writ will issue only if it does not.
Link to e-briefs: (including multiple amicus briefs): IN RE STATE OF TEXAS