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Legal Opinion

In Re Smith

Texas Court of Appeals, 5th District (Dallas)

Decided March 30, 2012No. 05-11-01657-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

Opinion by

Justice FITZGERALD.

Relators filed this mandamus proceeding after the trial judge signed an order denying their motion for leave to designate a responsible third party. We conclude the trial judge abused his discretion in doing so without granting leave to replead and relators have no adequate remedy by appeal. We therefore conditionally grant mandamus relief.

I. Background

Real party in interest Melvia Lewis sued relators for legal malpractice. Lewis alleges the following facts. He was injured in an auto accident when the vehicle in which he was riding was rear-ended by a…

2Cases cited10 opinions

  1. Willis v. MaverickTexas Supreme Court · 1988
  2. Albertson's, Inc. v. SinclairTexas Supreme Court · 1999
  3. In Re Arthur Andersen LLP, Texas Court of Appeals, 14th District (Houston)2003
  4. In Re Unitec Elevator Services Co., Texas Court of Appeals, 1st District (Houston)2005
  5. Mobilevision Imaging Services, L.L.C. v. Lifecare Hospitals of North Texas, L.P., Texas Court of Appeals, 5th District (Dallas)2008

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3Cited by25 opinions

  1. In re CoppolaTexas Supreme Court · 2017
  2. In re CVR Energy, Inc.Court of Appeals of Texas · 2016
  3. In re BustamanteCourt of Appeals of Texas · 2016
  4. in Re: Ashley Scott Echols, Texas Court of Appeals, 5th District (Dallas)2018
  5. Preston Hollow Capital v. Truist BankTexas Business Court · 2026

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