Wednesday, August 7, 2019

Mandamus standard

Originally published by David Coale.

A slight variation in the Fifth Court’s standard summary of the mandamus standard appeared in In re Oncor: “Entitlement to mandamus relief requires relator to show that the trial court abused its discretion, which may occur if the trial court fails to correctly analyze or apply the law, In re Sw. Bell Tel. Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007), or in making a factual determination lacking evidentiary support, see In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig. proceeding).” No. 05-19-00288-CV (July 23, 2019) (mem. op.)

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