Originally published by Byron Henry.
The Dallas Court of Appeals recently reaffirmed that mandamus is controlled by equitable principles, including laches. Here, the relator waited almost nine months to file its petition without explanation. The Court relied on cases finding waiver in which the petitioner waited four to six months before filing for no apparent reason. Accordingly the Court found that the relator was barred from seeking mandamus relief and denied the petition. The Court’s opinion in In re Beauly, LLC can be found here.
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