Legal Opinion

In Re Trend Gathering & Treating, LP

Texas Court of Appeals, 10th District (Waco)

Decided September 7, 2006No. 10-06-00266-CVPublishedCited by 1 opinion

1Opinion of the Court

CONCURRING AND DISSENTING OPINION TO ORDER

TOM GRAY, Chief Justice.

Here we go again — re-lawyering the case for the parties by granting relief not requested. I would not stay all the proceedings in the trial court because the Relator did not make this request. Actually, there is no “case” yet existing in the trial court; only the petition for condemnation filed by Trend. The commissioners have been appointed but they have not made an award. So there is nothing to which an objection can be filed, which is the point m time at which this condemnation proceeding will become an actual contested…

2Cases cited1 opinion

  1. State v. Carlton, Texas Court of Appeals, 3rd District (Austin)1995

3Cited by1 opinion

  1. Navasota Resources, L.P. v. First Source Texas, Inc., Texas Court of Appeals, 10th District (Waco)2006

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