Legal Opinion · Concurrence

Monroe v. Blackmon

Texas Court of Appeals, 13th District

Decided May 15, 1997No. 13-96-642-CVPublished

1Concurrence

CHAPA, Chief Justice (Retired),

concurring.

While I concur with Justice Chavez, I write to address the constitutional disqualification issue which becomes relevant due to the erroneous denial of the trial amendment by Judge Blackmon. The facts leading up to this proceeding are generally set out in the opinion of Justice Chavez.

Relators contend that mandamus should issue because:

1) Judge Blackmon erred on rehearing by withdrawing his original ruling recusing Judge Bennett and then refusing to recuse Judge Bennett, and

2) Judge Blackmon erred in refusing to allow a Trial Amendment to the Motion to…

2Cases cited30 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. Aetna Life Insurance v. LavoieSupreme Court of the United States · 1986
  4. Marshall v. Jerrico, Inc.Supreme Court of the United States · 1980
  5. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994

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