Legal Opinion

Sanchez v. Hester

Texas Court of Appeals, 13th District

Decided December 21, 1995No. 13-95-226-CVPublishedCited by 29 opinions

1Opinion of the Court

OPINION

DORSEY, Justice.

This mandamus presents three issues. First, is an order dismissing a case for want of prosecution void if entered during the pendency of bankruptcy proceedings involving one of several defendants? Second, how does the relator’s potential appellate remedy from such an order affect the availability of mandamus relief? And, third, is mandamus relief automatically precluded by a delay of seven months in efforts to seek a writ of mandamus? We hold that the order is void as applied to the debtor and that the relator had no adequate appellate remedy. Because we further…

2Cases cited24 opinions

  1. Rogers v. Ricane Enterprises, Inc.Texas Supreme Court · 1989
  2. Kalb v. FeuersteinSupreme Court of the United States · 1940
  3. Rivercenter Associates v. RiveraTexas Supreme Court · 1993
  4. Mapco, Inc. v. ForrestTexas Supreme Court · 1990
  5. State Ex Rel. Latty v. OwensTexas Supreme Court · 1995

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

3Cited by29 opinions

  1. In Re BahnCourt of Appeals of Texas · 2000
  2. In Re HinterlongCourt of Appeals of Texas · 2003
  3. 3V, INC. v. JTS Enterprises, Inc., Texas Court of Appeals, 14th District (Houston)2001
  4. In Re Border Steel, Inc., Texas Court of Appeals, 8th District (El Paso)2007
  5. Darr v. Altman, Texas Court of Appeals, 14th District (Houston)2000

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

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