Roberts Markel Weinberg Butler Hailey PC Logo
Home > About > Reported Cases > Writ of Mandamus

Writ of Mandamus

Hansen v. Sullivan, 886 S.W.2d 467 (Tex. App.—Houston [1st Dist.] 1994, no writ). (Authority of a Master; Mediation)
A trial court retains jurisdiction over a case, and the court of appeals has jurisdiction to hear a mandamus action filed against the trial court, even though the order dismissing the case was entered into the trial court's file, because the order was signed by the master appointed in the case who did not have authority to render such judgment. A trial court’s sanction against a party for failing to comply with an order to mediate is void, and mandamus relief may be afforded, when the party attempts to mediate in good faith but refuses to settle in mediation.

In re Park Nat’l Capital Funding, LLC, Relator, No. 01-11-00101-CV, 2011 WL 1326014 (Tex. App.—Houston [1st Dist.] April 7, 2011, no pet.). (Applicability of Mandamus Relief)
Mandamus relief is appropriate when the trial court has abused its discretion and the injured party has no adequate remedy at law. When a judgment is appealable, the losing party has an adequate remedy at law. Therefore, a court has no authority to issue a writ of mandamus.

In re Martinez, No. 14-04-00931-CV, 2004 WL 2297338 (Tex. App.—Houston [14 Dist.] Oct. 14, 2004, no pet.) (mem. op.) (per curium). (Incidental Rulings)
A reviewing court will generally not issue a writ of mandamus to correct incidental rulings of the trial court, such as a ruling on a plea in abatement, because the relator has an adequate remedy by appeal.

In re J. Ray McDermott, Inc., No. 13-05-00289-CV, 2005 WL 1488379 (Tex. App.—Corpus Christi June 23, 2005, no pet.) (mem. op.). (Order of Transfer)
A defendant filed a writ of mandamus seeking relief from the pretrial court’s order of transfer based on the pretrial court’s lack of jurisdiction. However, the relator subsequently filed and was granted a motion to dismiss the petition for writ of mandamus.

In re Vulcan Materials Co., No. 13-05-440-CV, 2005 WL 2036225 (Tex. App.—Corpus Christi Aug. 24, 2005, no pet.) (mem. op.) (per curium). (Joinder; Motion to Dismiss)
When a party files a writ of mandamus, but is subsequently non-suited in the underlying action and files a motion requesting dismissal from the proceeding, the motion may be granted and the original proceeding dismissed. Any parties joined in the writ of mandamus action will be severed from the original cause and all relevant pleadings and records shall be transferred to the severed cause.