P.B. Surf, Ltd. v. Savage

I concur fully in the main opinion. I write separately to address the two grounds upon which Chief Justice Moore in Part II of his dissenting opinion finds mandamus to be an inappropriate remedy in this case.

A. Rule 5 “Permissive” Appeal as an Alternative “Adequate Remedy”

In Part II.A, the dissent concludes that mandamus is unavailable in a case such as this because Alamo Title Company (“Alamo”) could have sought permission to appeal the trial court’s interlocutory order denying its motion for dismissal based on lack of personal jurisdiction. In this regard, the dissent begins by comparing…