Legal Opinion

in Re: Ten Hagen Excavating, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided June 19, 2014No. 05-14-00539-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

Opinion by

Justice EVANS.

Relators filed this mandamus proceeding after the trial court refused to order the physical examination of one of the parties in this case. We conditionally grant relief.

Factual and Procedural Context

The factual and procedural context in which the motion for a physical examination arose is somewhat unusual. This is a personal injury case arising from a collision involving the vehicle in which real party in interest, Jose Castro-Lopez, was traveling. On December 22, 2011, Castro-Lopez intervened in an already-pending lawsuit regarding the accident. Castro-Lopez…

2Cases cited26 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  4. CSR LTD. v. LinkTexas Supreme Court · 1996
  5. In Re Colonial Pipeline Co.Texas Supreme Court · 1998

21 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Garner v. StateCourt of Appeals of Texas · 2017
  2. In re Offshore Marine Contractors, Inc.Court of Appeals of Texas · 2016
  3. in Re Advanced Powder Solutions, Inc.Court of Appeals of Texas · 2016
  4. in Re Michael Angel Sanchez, Yellowstone Landscape Group, Inc., and Bio Landscape and Maintenance, Texas Court of Appeals, 1st District (Houston)2018
  5. in Re H.E.B. Grocery Company, L.P.Court of Appeals of Texas · 2015

20 more not listed; retrieve them via the Exa API.

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