In Re Shell Oil Co.

I respectfully dissent. The seminal case on this issue is In re Masonite Corp., 997 S.W.2d 194 (Tex.1999). Masonite was a 5-4 decision authored by Justice Enoch. Justice Enoch acknowledged:

Our mandamus standards are well-established. Mandamus is an extraordinary remedy available only when there is an abuse of discretion and no adequate appellate remedy. [See Walker v. Packer, 827 S.W.2d 833 (Tex.1992).] Generally, an appellate remedy is adequate even though it involves delay and more expense than obtaining an extraordinary writ. [See id. at 842; see also CSR Ltd. v. Link, 925 S.W.2d 591, 597…