Street v. Second Court of Appeals

The issue in this mandamus proceeding is whether the court of appeals improperly granted mandamus relief from the trial court’s award of attorney’s fees as discovery sanctions, because such sanctions are subject to review on appeal after final judgment. Tex.R.Giv.P. 215(2)(b)(8) and (3). We hold that mandamus was not a proper remedy when there was an adequate remedy by appeal, and so conditionally grant the writ.

This proceeding arises out of an action to recover life insurance benefits filed by rela-tors Kenneth L. Cremean and Jesse Covin, as independent co-executors of the Estate of…