Legal Opinion

In Re Anderson Construction Co.

Texas Court of Appeals, 9th District (Beaumont)

Decided April 7, 2011No. 09-11-00072-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

2Per curiam

Anderson Construction Company and Ronnie Anderson (collectively “Anderson”) have petitioned for mandamus relief from the trial court in a construction defect lawsuit filed by Brent L. Mainwaring and Tatayana Mainwaring. See Tex. Prop. Code Ann. §§ 27.001-.007 (West 2000 & Supp.2010). Relators contend the trial court abused its discretion by compelling discovery while the case was abated by operation of law. We conditionally grant relief.

Overview

The Residential Construction Liability Act (“RCLA”) requires claimants to provide a written notice “specifying in reasonable detail the…

3Cases cited6 opinions

  1. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  2. Abor v. BlackTexas Supreme Court · 1985
  3. In Re Allstate County Mutual Insurance Co.Texas Supreme Court · 2002
  4. National Plan Administrators, Inc. v. National Health Insurance Co.Texas Supreme Court · 2007
  5. In Re Kimball Hill Homes Texas, Inc., Texas Court of Appeals, 14th District (Houston)1998

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4Cited by9 opinions

  1. Stan Martin and Roma Martin v. Cottonwood Creek Construction, LLC, Texas Court of Appeals, 10th District (Waco)2018
  2. Carpinteyro v. GomezCourt of Appeals of Texas · 2013
  3. Al Jones and Al Jones Architect, AIA, LLC v. Brent L. Mainwaring and Tatayana Mainwaring, Texas Court of Appeals, 9th District (Beaumont)2012
  4. In Re David Barraza and Yvonne Barraza v. the State of Texas, Texas Court of Appeals, 13th District2025
  5. In Re Gary J. Albertson II and Jamie Price Albertson v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2025

4 more not listed; retrieve them via the Exa API.

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