law-mandamus-abatement | Texas Supreme Court Mandamus decisions with links to opinions |
MANDAMUS ABATEMENT WHEN ORIGINAL JUDGE GONE
In Re Baylor Medical Center at Garland, No. 06-0491 (Tex. Jul. 3, 2009) (mandamus
granted)(Johnson)
(trial judge granted new trial and then resigned, mandamus abatement, current judge ordered to provide
reason for granting new trial)
IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County;
5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06 Opinion of the Dallas Court below)
as reinstated, stay order issued August 29, 2008, lifted
The Court conditionally grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Brister, and Justice Willett joined. [pdf]
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice
Green joined. [pdf]
In Re Schmitz, No. 07-0581 (Tex. May 22, 2009)(Brister)
(shareholder derivative suit, sufficiency of pre-suit demand letter, criteria for mandamus relief, proper
respondent in proceeding for mandamus relief, abatement)
IN RE HAROLD R. SCHMITZ, ET AL.; from Bexar County; 4th district (04-07-00359-CV, ___ SW3d ___,
07-11-07)
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court.
(Chief Justice Jefferson not sitting)