Legal Opinion

Smith v. Caldwell

Texas Court of Appeals, 1st District (Houston)

Decided October 22, 1987No. 01-87-00433-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

EVANS, Chief Justice.

The relator, J. Mike Smith, seeks a writ of mandamus to compel the Honorable Neil Caldwell, Judge of the 23rd Judicial District Court of Brazoria County, to rescind an order denying Smith’s plea in abatement and to dismiss a suit against Smith brought *693by the Bank of Brazoria. The Federal Deposit Insurance Corporation, in its corporate capacity as liquidator of the bank’s assets, has been substituted as the real party in interest.

Relator’s petition for writ of mandamus alleges a conflict of jurisdiction between the suit brought by the bank in the District Court of…

2Cases cited8 opinions

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. Curtis v. GibbsTexas Supreme Court · 1974
  3. Republic National Leasing Corp. v. SchindlerTexas Supreme Court · 1986
  4. Dolenz v. Continental National Bank of Fort WorthTexas Supreme Court · 1981
  5. Astro Sign Company v. SullivanCourt of Appeals of Texas · 1974

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3Cited by6 opinions

  1. Humphreys v. Caldwell, Texas Court of Appeals, 13th District1994
  2. Witherspoon v. Pouland, Texas Court of Appeals, 5th District (Dallas)1990
  3. Robert Puckett and James Julius Puckett, Jr., Individually and D/B/A Puckett Ranch Properties, Merrill John Stokes, A/K/A Butch Stokes, and Cbm Comfort, Inc., D/B/A Ranchbuyers Real Estate, A/K/A ranchbuyers.com v. Quint Burris, Individually and D/B/A Qb Properties, Texas Court of Appeals, 13th District2009
  4. Smith v. Caldwell, Texas Court of Appeals, 1st District (Houston)1987
  5. Steve A. Clayton, Melody Jane Clayton, T.I.P.S., Ltd., and Mastec Blasting and Painting, Ltd. v. Bob Parker, Texas Court of Appeals, 13th District2010

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