Legal Opinion

In Re Wal-Mart Stores, Inc.

Texas Court of Appeals, 8th District (El Paso)

Decided January 6, 2000No. 08-99-00257-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

ANN CRAWFORD McCLURE, Justice.

Wal-Mart Stores Inc., Relator (Wal-Mart), seeks mandamus relief to compel the 171st District Court of El Paso County to vacate its order setting the underlying case for trial and to cease exercising jurisdiction over the matter because the case has been dismissed for want of prosecution. We conditionally grant the writ of mandamus.

FACTUAL SUMMARY

Mario, Hermelinda, and Andres Garcia, the Real Parties in Interest (the Garcias), filed a slip and fall premises liability case against Wal-Mart on July 21, 1995. On September 8, 1997, the trial court issued a…

2Cases cited22 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
  3. Crawford v. McDonaldTexas Supreme Court · 1895
  4. State Ex Rel. Latty v. OwensTexas Supreme Court · 1995
  5. Escobar v. EscobarTexas Supreme Court · 1986

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3Cited by13 opinions

  1. Riley v. CockrellCourt of Appeals for the Fifth Circuit · 2003
  2. Riley v. DretkeCourt of Appeals for the Fifth Circuit · 2003
  3. Garza v. Texas Alcoholic Beverage Commission, Texas Court of Appeals, 8th District (El Paso)2000
  4. McPherson v. FelkerCourt of Appeals of Kentucky · 2013
  5. Alfonso Kennard Jr., Daniel J. Salas Jr., and Kennard Law, P.C. Attorneys at Law v. Dr. Tibor Toth, DMD D/B/A Toth Pediatric Dentistry, Texas Court of Appeals, 13th District2023

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