Legal Opinion

In re Bustamante

Court of Appeals of Texas

Decided November 23, 2016No. 04-16-00333-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

Opinion by: Marialyn Barnard, Justice

Relator, Cleo Bustamante, Jr., filed this petition for writ of mandamus complaining the trial court erred by: (1) refusing to rule on his motion for summary judgment; and (2) denying his motion for leave to designate responsible third parties. We hold the trial court clearly abused its discretion by denying the motion for leave to designate responsible third parties and an appeal does not provide an adequate remedy for this error. Therefore, we conditionally grant mandamus on this issue. We do not reach the complaint regarding the motion for summary…

2Cases cited13 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  4. Low v. HenryTexas Supreme Court · 2007
  5. In Re Cerberus Capital Management, L.P.Texas Supreme Court · 2005

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3Cited by20 opinions

  1. In re CoppolaTexas Supreme Court · 2017
  2. In re Dakota Directional Drilling, Inc.Court of Appeals of Texas · 2018
  3. in Re: Ashley Scott Echols, Texas Court of Appeals, 5th District (Dallas)2018
  4. In Re Fries Restaurant Management, LLC, Firebrand Properties, LP, Fritz Management, LLC, and Sun Holdings, LLC v. the State of Texas, Texas Court of Appeals, 13th District2024
  5. In Re Main Street Conference, LLC v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2025

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