Legal Opinion

In Re Bennett

Texas Supreme Court

Decided March 13, 1998No. 96-0598PublishedCited by 352 opinions

1Opinion of the Court

OPINION

2Per curiam

In this mandamus proceeding we hold that neither the filing of a nonsuit nor the subsequent removal of a case to federal court deprived the state court of jurisdiction to consider, sua sponte, whether sanctions should be imposed on attorneys for pre-re-moval conduct when the sanctions are unrelated to the merits of the removed case. We further hold that the trial court did not abuse its discretion in imposing sanctions under the facts of this case. Accordingly, we conditionally issue a writ of mandamus directing the court of appeals to vacate the writ of mandamus in which it ordered…

3Cases cited19 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Willy v. Coastal Corp.Supreme Court of the United States · 1992
  3. BHP Petroleum Co., Inc. v. MillardTexas Supreme Court · 1991
  4. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  5. Farmer v. Ben E. Keith Co.Texas Supreme Court · 1995

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4Cited by352 opinions

  1. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  2. University of Texas Medical Branch at Galveston v. Estate of Blackmon Ex Rel. ShultzTexas Supreme Court · 2006
  3. Epps v. FowlerTexas Supreme Court · 2011
  4. Unifund CCR Partners v. VillaTexas Supreme Court · 2009
  5. Howell v. Texas Workers' Compensation Commission, Texas Court of Appeals, 3rd District (Austin)2004

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