(DOWNLOAD) "In Re Sheppard" by In the Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Sheppard
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 30, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Relators, Robert D. Sheppard, M.D. and EmCare, have filed petitions for a writ of mandamus or, in the alternative, for a writ of prohibition, to challenge an order signed on January 31, 2005, by the respondent trial court, which denied relators motion to dismiss the underlying lawsuit filed by the real party-in-interest, Louis Ochoa, as plaintiff. In their petitions here, as in the trial court, relators contend that the trial court lost plenary power over the lawsuit on May 31, 2004, because, on April 30, 2004, the trial court had dismissed Ochoas claims with prejudice against the only defendant that Ochoa had served. Relators contend that the dismissal constituted a final judgment because the only remaining defendant, Cooper Manufacturing Corporation (Cooper), was never served and did not appear. We conclude that the mandamus record demonstrates that, although Ochoa had not effected service on Cooper, Ochoa intended to serve Cooper and intended to continue his claims against Cooper. We therefore deny relators petition for a writ of mandamus.
 "In Re Sheppard" by In the Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free){kind=link}