Deloitte & Touche LLP v. Fourteenth Court of Appeals

I respectfully dissent. I disagree that “[t]he issue that confronts us here is whether we should exercise mandamus jurisdiction.” 951 S.W.2d at 395 (emphasis added). Instead, the issue is whether we can take jurisdiction over Deloitte & Touche’s petition for writ of mandamus. Because I believe that the Legislature has foreclosed our mandamus jurisdiction over class certification orders, I cannot join in the majority’s opinion.

In essence, the majority says, 1) our mandamus jurisdiction is distinct from our appellate jurisdiction; 2) we have mandamus jurisdiction over the courts of appeals; and…