Missouri Pacific Railroad v. Whitaker

This is an original mandamus proceeding which arises out of the trial court’s order granting real party in interest Gerald J. Taylor’s amended motion to reinstate his case following Taylor’s voluntary nonsuit of the case. Relator herein seeks leave to file its petition for writ of mandamus to vacate the trial court’s order of reinstatement. Because we find that appellant has an adequate remedy at law, we will overrule relator’s motion for leave to file its petition.

Mandamus will lie only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate…