Legal Opinion

Board of Disciplinary Appeals v. McFall

Texas Supreme Court

Decided December 1, 1994No. 94-0960PublishedCited by 38 opinions

1Opinion of the Court

On Petitions FOR WRits of Mandamus AND PROHIBITION

2Per curiam

The Board of Disciplinary Appeals requests a writ of mandamus to vacate the district court’s injunction against the suspension of an attorney and a writ of prohibition barring further proceedings in that court. Because the district court lacked jurisdiction to enjoin these disciplinary proceedings, we grant the requested relief.

In 1992, the State Bar initiated a disability disciplinary action against Mark S. Smith in accordance with Tex.R.Disciplinary P. 12.01 (1992). At a hearing before the District Disability Committee, Smith stipulated to…

3Cases cited3 opinions

  1. State v. Ferguson KirbyTexas Supreme Court · 1939
  2. State v. SewellTexas Supreme Court · 1972
  3. Crouch v. CraikTexas Supreme Court · 1963

4Cited by38 opinions

  1. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  2. In Re State Bar of TexasTexas Supreme Court · 2003
  3. Favaloro v. Commission for Lawyer Discipline, Texas Court of Appeals, 5th District (Dallas)2000
  4. In Re the State Ex Rel. Sistrunk, Texas Court of Appeals, 14th District (Houston)2004
  5. In Re Cherry, Texas Court of Appeals, 3rd District (Austin)2008

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