Amis v. Ashworth

I most respectfully dissent. I would deny Relator’s petition for writ of mandamus.

The majority holds that “rule 266 controls our decision.” The opinion then states that “rules 265, 266 and 269 constitute the ‘guiding rules and principles’ ” by which to measure the trial court’s action.

These rules pertain to the trial court’s authority to revise the order of proceeding in a trial to afford a defendant the right to open and close in adducing its evidence or arguing its case. They do not relate to party alignment. On the contrary, rule 266 specifically retains the original designation of the…