![]() Having denied mandamus relief, we also deny relator’s motion for stay as moot. Accordingly, we deny the petition for writ of mandamus. See Furr’s Supermarkets, 897 S.W.2d at 443. We conclude that relator’s unexplained delay bars their right to mandamus relief. Here, relator did not file the petition for writ of mandamus until September 22, 2021-five months after the challenged order. proceeding) (unexplained four-month delay and filed two weeks before trial). App.-El Paso 1995, no writ) (unexplained four-month delay in challenging discovery orders) Bailey v. proceeding) (unexplained delay of more than four months and waited until eve of trial) Furr’s Supermarkets, Inc. Neather Witter stepped across the theshold of time into the bliss of Gods eternal rest in the morning hours of. Op.) (unexplained delay of over four months from the oral ruling and three months from the date the order was signed) Int’l Awards, Inc. With a cheery smile and a wave of her hand, Mrs. See Rivera, 858 S.W.2d at 366 (unexplained delay of more than four months) In re Wages & White Lion Investments, No. Under prior holdings of this court and others, an unexplained delay of four months or more can constitute laches and result in denial of mandamus relief. (internal brackets and quotation marks omitted). One such principle is that “equity aids the diligent and not those who slumber on their rights.” Id. ![]() Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles. ![]() A writ of mandamus issues to correct a clear abuse of discretion when no adequate remedy by appeal exists. In this original proceeding, relator challenges the trial court’s Aporder striking relator’s designation of a responsible third party. DC-16-15878 MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Schenck We withdraw our opinion of Novemand issue this opinion in its place. 05-21-00826-CV IN RE WEATHERALL FAMILY FUNERAL SERVICES, LLC D/B/A ETERNAL REST FUNERAL HOME, Relator Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. Deny Opinion Filed NovemIn The Court of Appeals Fifth District of Texas at Dallas No.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |