(DOWNLOAD) "In re Tasby" by Texas Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: In re Tasby
- Author : Texas Court of Appeals
- Release Date : January 15, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 45 KB
Description
Original Mandamus Proceeding Chief Justice Cornelius Concurring Opinion by Justice Grant OPINION Johnnie Tasby has filed a petition seeking a writ of mandamus. He asks this Court to order a district court to rule on a petition for writ of mandamus he had sought in that court and to render judgment in accordance with his petition. This Court may not prescribe the manner in which a trial court exercises its discretion, but we may, by mandamus, order a trial court to exercise its discretion in some manner. Cooke v. Millard, 854 S.W.2d 134, 135 (Tex. App.-Houston. [1st Dist.] 1992, orig. proceeding); Jones v. Smith, 470 S.W.2d 305, 307 (Tex. Civ. App.-Houston [1st Dist.] 1971, orig. proceeding). A trial court may not arbitrarily halt proceedings in a pending case, and mandamus will lie to compel a trial court to hear and rule on motions pending before it. See Greenberg, Benson, Fisk & Fielder, P.C. v. Howell, 685 S.W.2d 694, 695 (Tex. App.-Dallas 1984, orig. proceeding). Courts of appeals have the power to compel a trial court to proceed to trial and judgment in a case, but not the power to control the character of the judgment. Ratcliff v. Dickson, 495 S.W.2d 35, 36 (Tex. Civ. App.-Houston [1st Dist.] 1973, orig. proceeding).
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