Montalvo v. Fourth Court of Appeals

In this original proceeding, the court of appeals conditionally issued a writ of mandamus compelling the trial court to vacate its order setting an abbreviated schedule for hearing a motion to transfer venue. Under the facts of this case, the record does not demonstrate a lack of an adequate remedy on appeal. Thus, mandamus was improper. We conditionally grant the writ of mandamus. We need not decide and express no opinion whether the trial court abused its discretion in entering the order at issue.

The underlying litigation is a personal injury action involving the Norplant contraceptive. The…