Legal Opinion
In Re Brick
Texas Court of Appeals, 5th District (Dallas)
Decided November 7, 2011No. 05-11-01106-CVPublishedCited by 4 opinions
1Opinion of the Court
OPINION
Opinion by
Justice FILLMORE.
Relators filed this mandamus proceeding after the trial court denied their special exceptions to real parties in interest’s second amended consolidated shareholder derivative petition (the petition). We conclude the trial court abused its discretion by denying the relators’ first special exception and relators have no adequate remedy by appeal. We therefore conditionally grant the writ of mandamus.
Background and Applicable Law
Relator Reddy Ice Holdings, Inc., a Delaware corporation, is the nation’s largest packaged ice manufacturer. The other re-lators are…
2Cases cited13 opinions
- Walker v. PackerTexas Supreme Court · 1992
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
- Aronson v. LewisSupreme Court of Delaware · 1984
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
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3Cited by4 opinions
- in Re: XTO Energy Inc., Timberland Gathering & Processing Company, Inc., and Bank of America, N.A., Texas Court of Appeals, 5th District (Dallas)2015
- in Re Helix Energy Solutions Group, Inc., Texas Court of Appeals, 14th District (Houston)2013
- City of Warren Police and Fire Retirement System, and Janice Stewart v. Tenet Healthcare Corporation, Texas Court of Appeals, 5th District (Dallas)2020
- in Re Helix Energy Solutions Group, Inc., Texas Court of Appeals, 14th District (Houston)2013