Legal Opinion

in Re: Windstar Trucking, LLC

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

Decided August 26, 2022No. 08-21-00001-CVPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: No. 08-21-00001-CV § WINDSTAR TRUCKING, LLC, AN ORIGINAL PROCEEDING § RELATOR. IN MANDAMUS § OPINION This mandamus requires us to decide two legal questions: (1) is making an illegal left hand turn that violates the Texas Traffic Code a “criminal act” under Chapter 33 that permits the designation of unknown responsible third parties in civil cases; and (2) can a defendant wishing to designate an unknown person plead adequate facts to support the designation in their motion for leave to designate, and not their answer? We…

2Cases cited22 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. United States v. CortezSupreme Court of the United States · 1981
  3. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  4. Atwater v. City of Lago VistaSupreme Court of the United States · 2001
  5. Crown Life Insurance Company v. CasteelTexas Supreme Court · 2000

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