Legal Opinion · Concurrence

In Re Sosa

Texas Court of Appeals, 4th District (San Antonio)

Decided September 30, 1998No. 04-97-00975-CVPublished

1ConcurrenceHardberger, Chief Justice

I agree that Griffin Industries, Inc. v. Thirteenth Court of Appeals, 934 S.W.2d 349 (Tex.1996), controls this mandamus petition, and, therefore, I concur with the majority opinion. I do so with great reluctance.

In this case, an experienced, responsible trial judge made a decision that a party, who was still represented by trial counsel after a trial on the merits, was not entitled to a free appeal. I submit this is a reasonable ruling. If the public is required to foot the bill in such cases, trial counsel will be greatly tempted to roll the dice and file useless and frivolous appeals in a…

2Cases cited3 opinions

  1. Griffin Industries, Inc. v. Honorable Thirteenth Court of AppealsTexas Supreme Court · 1996
  2. De La Vega v. Taco Cabana, Inc., Texas Court of Appeals, 4th District (San Antonio)1998
  3. Peterson v. ReynaTexas Supreme Court · 1996

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