Diaz v. Attorney General of State of Tex.

I respectfully dissent. The majority finds that the Attorney General as inter-venor must, absolutely, file a pleading for his intervention to properly commence, reasoning that any other ruling would result in a policy which allows “oral lawsuits.” I find the majority’s concern over the danger of oral lawsuits to be wasted on the facts presented here. I would hold that the Attorney General’s intervention and the claims urged were issues litigated by consent. A more detailed recitation of what transpired at the hearing is necessary.

Two intervenors were present at the settlement hearing between…