In Re Schneider

Is mandamus relief appropriate to compel a trial judge to dismiss claims with prejudice based on the plaintiff’s failure to provide expert reports that comply with former article 4590i?

There is a conflict among Texas courts of appeals on the correct answer to this question. Some say yes;1 others say no;2 some have yet to decide. Although the Texas Supreme Court has not expressly said so, it has sent a signal of sorts that mandamus relief is not available in these types of cases.

As the majority notes, our high court recently denied, without written explanation, ten petitions for writ of…