Legal Opinion

in Re Paul & Cynthia Elizondo and Eagle Fabricators, Inc.

Texas Supreme Court

Decided April 13, 2018No. 17-0197PublishedCited by 108 opinions

1Per curiam

*825 This is a mandamus action. After its plenary power had expired, the trial court issued an amended order omitting a Lehmann -like finality phrase that it had included in its original order. See generally Lehmann v. Har-Con Corp. , 39 S.W.3d 191 , 205-06 (Tex. 2001) (discussing finality phrases). The court of appeals directed the trial court to vacate the amended order. Here, the relator seeks a writ directing the court of appeals to vacate its opinion. For seventeen years, we have relied on Lehmann to mitigate the mischief and chaos that can arise when the prospect of appeal rears its head…

2Cases cited5 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. Escobar v. EscobarTexas Supreme Court · 1986
  3. Dikeman v. SnellTexas Supreme Court · 1973
  4. In Re DarediaTexas Supreme Court · 2010
  5. In re M & O Homebuilders, Inc.Court of Appeals of Texas · 2017

3Cited by108 opinions

  1. 1 US Construction, LLC v. Reeder General Contractors, Inc. and Westfield Insurance Co., Texas Court of Appeals, 2nd District (Fort Worth)2025
  2. 1776 Energy Partners, LLC and 1776 Energy Operators, LLC v. Marathon Oil EF, LLC and Marathon Oil EF II, LLC, Texas Court of Appeals, 4th District (San Antonio)2023
  3. 3KNR Ventures LLC v. City of Live Oak, Texas, Texas Court of Appeals, 4th District (San Antonio)2026
  4. Alejandro Hernandez v. Victor Vazquez, Texas Court of Appeals, 8th District (El Paso)2020
  5. Angelia Smith and Kelvin Smith v. Peter Edward Grays, M.D., Texas Court of Appeals, 2nd District (Fort Worth)2025

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API