Legal Opinion

In Re Spooner

Texas Court of Appeals, 10th District (Waco)

Decided January 19, 2011No. 10-00953-CV, 10-00956-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

LAURA CARTER HIGLEY, Justice.

Tangie Walters sued relators, Keith Spooner, M.D., Cleveland Regional Medical Center, and Shirley Kiefer for medical negligence. In these two original mandamus proceedings, relators challenge the trial court’s October 13, 2010 order, which declares that relators have judicially admitted certain liability-determinative facts and prohibits relators from offering evidence at trial to controvert those facts. 1

We agree with the relators that the trial court clearly abused its discretion in rendering the order. We also agree that the relators do not have an…

2Cases cited18 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  4. TransAmerican Natural Gas Corp. v. PowellTexas Supreme Court · 1991
  5. In Re Cerberus Capital Management, L.P.Texas Supreme Court · 2005

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3Cited by20 opinions

  1. H2O Solutions, Ltd. v. PM Realty Group, LPCourt of Appeals of Texas · 2014
  2. Davenport v. Adu-LarteyCourt of Appeals of Texas · 2017
  3. United Parcel Service, Inc. v. RankinCourt of Appeals of Texas · 2015
  4. Bliss & Glennon Inc. v. AshleyCourt of Appeals of Texas · 2014
  5. In re MiltonCourt of Appeals of Texas · 2013

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