Hilliard v. Bennett

OPINION

DORSEY, Justice.

This mandamus proceeding challenges the authority of a trial court sua sponte to sanction an attorney who has filed and then non-suited an action that was assigned to the respondent’s court. We hold the respondent lost jurisdiction over the cause before the motion for sanctions was filed, and thus the order sanctioning relators is void. We conditionally grant a writ of mandamus.

The respondent is Max Bennett, Judge of the 319th District Court of Nueces County. Relators, Robert C. Hilliard and Andrew Schirrmeister, III, are Texas attorneys representing multiple plaintiffs…