Is mandamus available if a trial court refuses to rule on a motion?
Yes. The act of considering and ruling on a properly filed motion is a ministerial act. In re Bonds, 57 S.W.3d 456, 457 (Tex. App. – San Antonio 2001, orig. proceeding). Mandamus will issue when there is a legal duty to perform a non-discretionary act, a demand for performance, and a refusal to act. O'Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992). Although a trial court has a reasonable time within which to perform its ministerial duty to rule on a pending motion, In re Guetersloh, 326 S.W.3d 737, 740-41 (Tex. App.--Amarillo 2010, orig. proceeding), a trial court commits a clear abuse of discretion when it refuses to rule on a properly filed motion. See Eli Lilly and Co. v. Marshall, 829 S.W.2d 157, 158 (Tex. 1992). There is no adequate remedy at law for a trial court’s failure to rule because “[f]undamental requirements of due process mandate an opportunity to be heard.” See In re Christensen, 39 S.W.3d 250, 251 (Tex. App. – Amarillo 2000, orig. proceeding) (citing Creel v. Dist. Atty. for Medina Cnty., 818 S.W.2d 45, 46 (Tex. 1991)).
"On Texas Law" Developments and Commentary on Texas Civil Litigation, Contracts, Trade Secrets, Tortious Interference, and Procedure
Showing posts with label Mandamus. Show all posts
Showing posts with label Mandamus. Show all posts
Saturday, July 5, 2014
Mandamus Available for Continuance of Special Appearance Hearing
Does a trial court abuse its discretion if it continues a special appearance hearing even though the plaintiff has not followed the requirements of Texas Rule of Civil Procedure 120a?
Yes. If a plaintiff, prior to a hearing on a special appearance, does not file affidavits proving he needs a continuance to obtain essential discovery, the trial court abuses its discretion if it continues the special appearance hearing to allow discovery. See IRN Realty Corp. v. Hernandez, 300 S.W.3d 900, 903 (Tex. App – Eastland 2009, no pet.)(holding trial court abused its discretion by granting motion to compel and abating special appearance hearing to allow plaintiff to conduct additional discovery because plaintiff did not follow procedures for continuance under Rule 120a(3)); see also Washington DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 739 (Tex. App.--Houston [14th Dist.] 2013, pet. filed)(holding plaintiff did not follow procedures under Rule 120a(3) for discovery continuance). “Texas Rule of Civil Procedure 120a governs special appearances,” and “Rule 120a ‘specifically provides for the means to obtain a continuance of the special appearance so that . . . [additional discovery] may be conducted: affidavits of the party opposing the special appearance.’” In re Stern, 321 S.W.3d 828, 836-839 (Tex. App. – Houston [1st Dist.] 2010, orig. proceeding)(quoting IRN Realty Corp. v. Hernandez, 300 S.W.3d 900, 903 (Tex. App – Eastland 2009, no pet.)); see also Said v. Maria Invs., Inc., No. 01-08-00962-CV, 2010 Tex. App. LEXIS 959, 2010 WL 457463, at *3 (Tex. App.--Houston [1st Dist.] Feb. 11, 2010, pet. denied) (mem. op.) ("Rule 120a(3) gives the trial court the discretion to continue a special appearance hearing and thereby extend the time in which evidence may be served, but this power applies only to a party opposing the special appearance who avers that he cannot adequately prepare for the special appearance hearing.")(emphasis added); see also Parex Resources, Inc. v. ERG Resources, LLC, 2014 Tex. App. Lexis 880, *66 fn. 34 (Tex. App. – Houston [14th Dist.] Jan. 28, 2014).
Yes. If a plaintiff, prior to a hearing on a special appearance, does not file affidavits proving he needs a continuance to obtain essential discovery, the trial court abuses its discretion if it continues the special appearance hearing to allow discovery. See IRN Realty Corp. v. Hernandez, 300 S.W.3d 900, 903 (Tex. App – Eastland 2009, no pet.)(holding trial court abused its discretion by granting motion to compel and abating special appearance hearing to allow plaintiff to conduct additional discovery because plaintiff did not follow procedures for continuance under Rule 120a(3)); see also Washington DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 739 (Tex. App.--Houston [14th Dist.] 2013, pet. filed)(holding plaintiff did not follow procedures under Rule 120a(3) for discovery continuance). “Texas Rule of Civil Procedure 120a governs special appearances,” and “Rule 120a ‘specifically provides for the means to obtain a continuance of the special appearance so that . . . [additional discovery] may be conducted: affidavits of the party opposing the special appearance.’” In re Stern, 321 S.W.3d 828, 836-839 (Tex. App. – Houston [1st Dist.] 2010, orig. proceeding)(quoting IRN Realty Corp. v. Hernandez, 300 S.W.3d 900, 903 (Tex. App – Eastland 2009, no pet.)); see also Said v. Maria Invs., Inc., No. 01-08-00962-CV, 2010 Tex. App. LEXIS 959, 2010 WL 457463, at *3 (Tex. App.--Houston [1st Dist.] Feb. 11, 2010, pet. denied) (mem. op.) ("Rule 120a(3) gives the trial court the discretion to continue a special appearance hearing and thereby extend the time in which evidence may be served, but this power applies only to a party opposing the special appearance who avers that he cannot adequately prepare for the special appearance hearing.")(emphasis added); see also Parex Resources, Inc. v. ERG Resources, LLC, 2014 Tex. App. Lexis 880, *66 fn. 34 (Tex. App. – Houston [14th Dist.] Jan. 28, 2014).
Sunday, February 24, 2013
Availablity of Mandamus
When is mandamus available?
Mandamus will issue to correct a discovery order if the order constitutes a clear abuse of discretion and there is no adequate remedy by appeal. In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998). Mandamus relief may be justified when: (1) the appellate court would not be able to cure the trial court's discovery error, such as when privileged information or trade secrets would be revealed or production of patently irrelevant or duplicative documents imposing a disproportionate burden on the producing party is ordered; (2) the party's ability to present a viable claim or defense is severely compromised or vitiated by the erroneous discovery ruling to the extent that it is effectively denied the ability to develop the merits of its case; or (3) the trial court's discovery order disallows discovery that cannot be made a part of the appellate record, thereby denying the reviewing court the ability to evaluate the effect of the trial court's error. In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998)(citing Walker v. Packer, 827 S.W.2d 833, 843-44 (Tex. 1992)). A trial court abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law, or if it clearly fails to analyze or apply the law correctly. In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005).
Mandamus will issue to correct a discovery order if the order constitutes a clear abuse of discretion and there is no adequate remedy by appeal. In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998). Mandamus relief may be justified when: (1) the appellate court would not be able to cure the trial court's discovery error, such as when privileged information or trade secrets would be revealed or production of patently irrelevant or duplicative documents imposing a disproportionate burden on the producing party is ordered; (2) the party's ability to present a viable claim or defense is severely compromised or vitiated by the erroneous discovery ruling to the extent that it is effectively denied the ability to develop the merits of its case; or (3) the trial court's discovery order disallows discovery that cannot be made a part of the appellate record, thereby denying the reviewing court the ability to evaluate the effect of the trial court's error. In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998)(citing Walker v. Packer, 827 S.W.2d 833, 843-44 (Tex. 1992)). A trial court abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law, or if it clearly fails to analyze or apply the law correctly. In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005).
Writ of Mandamus
What is mandamus?
A writ of mandamus is an extraordinary remedy that allows an appellate court to review a ruling made by a trial court even though the trial court has not yet made a final judgment in the case and a normal appellate remedy is not available. See, e.g., Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985); see also Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992).
A writ of mandamus is an extraordinary remedy that allows an appellate court to review a ruling made by a trial court even though the trial court has not yet made a final judgment in the case and a normal appellate remedy is not available. See, e.g., Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985); see also Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992).
Saturday, February 23, 2013
Appeal of Overly Broad Discovery Orders
Is a court’s order that compels overly broad discovery appealable?
"An order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy." In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding). An overbroad request is improper regardless of whether it is burdensome. In re Allstate Cnty. Mut. Ins. Co., 227 S.W.3d 667, 670 (Tex. 2007) (orig. proceeding). A discovery request is "overbroad" when it encompasses "time periods, products, or activities beyond those at issue in the case" and, therefore, is not "reasonably tailored to include only relevant matters." In re Alford Chevrolet-Geo, 997 S.W.2d 173, 180 n.1 (Tex. 1999) (orig. proceeding); see also Deere & Co., 299 S.W.3d at 820; In re Graco Children's Prods., 210 S.W.3d 598, 600 (Tex. 2006) (orig. proceeding).
"An order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy." In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding). An overbroad request is improper regardless of whether it is burdensome. In re Allstate Cnty. Mut. Ins. Co., 227 S.W.3d 667, 670 (Tex. 2007) (orig. proceeding). A discovery request is "overbroad" when it encompasses "time periods, products, or activities beyond those at issue in the case" and, therefore, is not "reasonably tailored to include only relevant matters." In re Alford Chevrolet-Geo, 997 S.W.2d 173, 180 n.1 (Tex. 1999) (orig. proceeding); see also Deere & Co., 299 S.W.3d at 820; In re Graco Children's Prods., 210 S.W.3d 598, 600 (Tex. 2006) (orig. proceeding).
Appellate Review of Orders Compelling Disclosure of Trade Secrets
Is a court’s order compelling the discovery of trade secrets appealable?
Yes. Because improper disclosure of a trade secret cannot be adequately remedied on appeal, mandamus relief is appropriate. See In re Union Pac. R.R. Co., 294 S.W.3d 589, 593 (Tex. 2009)(orig. proceeding).
Yes. Because improper disclosure of a trade secret cannot be adequately remedied on appeal, mandamus relief is appropriate. See In re Union Pac. R.R. Co., 294 S.W.3d 589, 593 (Tex. 2009)(orig. proceeding).
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