Legal Opinion

In Re McAllen Medical Center, Inc.

Texas Supreme Court

Decided August 29, 2008No. 05-0892PublishedCited by 565 opinions

1Opinion of the CourtJustice Brister

in which Justice HECHT, Justice MEDINA, Justice GREEN, Justice JOHNSON and Justice WILLETT joined.

Appellate courts cannot afford to grant interlocutory review of every claim that a trial court has made a pre-trial mistake. But we cannot afford to ignore them all either. Like “instant replay” review now so common in major sports, some calls are so important — and so likely to change a contest’s outcome — that the inevitable delay of interim review is nevertheless worth the wait.

Although mandamus review is generally a matter within our discretion, our place in a government of separated powers…

2Cases cited40 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  4. Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
  5. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002

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3Cited by565 opinions

  1. Jelinek v. CasasTexas Supreme Court · 2010
  2. In re H.E.B. Grocery Co.Texas Supreme Court · 2016
  3. In Re United Services Automobile Ass'nTexas Supreme Court · 2010
  4. Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a MinorTexas Supreme Court · 2011
  5. In Re ReeceTexas Supreme Court · 2011

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