Legal Opinion · Dissent

In Re Tenet Hospitals Ltd.

Texas Court of Appeals, 8th District (El Paso)

Decided October 1, 2003No. 08-03-00069-CVPublished

1Dissent

DON WITTIG,

Senior Justice, dissenting, (Assigned).

Because I would hold that the relator, Tenet Hospitals, has an adequate remedy at law, I respectfully dissent. Mandamus will not issue where there is “a clear and adequate remedy at law, such as a normal appeal.” State v. Walker, 679 S.W.2d 484, 485 (Tex.1984).

Mandamus is an extraordinary remedy. Republican Party of Texas v. Dietz, 940 S.W.2d 86, 88 (Tex.1997); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex.1992). We do not have jurisdiction to issue writs of mandamus to supervise or correct incidental rulings of a trial judge where there is an…

2Cases cited12 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  3. Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
  4. State v. WalkerTexas Supreme Court · 1984
  5. Braden v. DowneyTexas Supreme Court · 1991

7 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