Legal Opinion · Dissent
Industrial Accident Board of the State of Texas v. Spears
Court of Appeals of Texas
Decided April 25, 1990No. 04-90-00007-CVPublished
1DissentBiery, Justice
I respectfully dissent from the majority’s finding of a clear abuse of discretion on the part of the trial court.
A relator seeking the vacation of an order denying a motion to disqualify has a heavier burden than a relator seeking the vacation of an order granting a motion to disqualify. J K. and Susie L. Wadley Research v. Morris, 776 S.W.2d 271, 275 (Tex.App.—Dallas 1989, no writ). To prevent a motion to disqualify counsel from being used as a dilatory tactic, trial courts must strictly adhere to an exacting standard when considering such motions. NCNB Texas Nat’l Bank v. Coker, 765 S.W.2d…
2Cases cited12 opinions
- Turner v. TurnerTexas Supreme Court · 1964
- Fed. Sec. L. Rep. P 98,017 Carl R. Duncan, on Behalf of Himself and All Others Similarly Situated v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1981
- NCNB Texas National Bank v. CokerTexas Supreme Court · 1989
- Keith B. Redd, D/B/A Abajo Petroleum v. Shell Oil Company, in the Matter of Michael W. Graney, Attorney for Shell Oil CompanyCourt of Appeals for the Tenth Circuit · 1975
- Church of Scientology of California, a Non-Profit Corporation, Under the Laws of California v. John McLean and Nancy McLeanCourt of Appeals for the Fifth Circuit · 1980
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