in Re: William L. Foreman ( 2015 )


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  • DENY; and Opinion Filed July 9, 2015.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00802-CV
    IN RE WILLIAM L. FOREMAN, Relator
    Original Proceeding from the 162nd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-14-13056
    MEMORANDUM OPINION
    Before Chief Justice Wright, Justice Bridges, and Justice Stoddart
    Opinion by Chief Justice Wright
    Relator filed this petition for writ of mandamus requesting that the Court order the trial
    court to disqualify counsel for real party in interest. Ordinarily, to obtain mandamus relief, a
    relator must show both that the trial court has clearly abused its discretion and that relator has no
    adequate appellate remedy. In re Prudential Ins. Co., 
    148 S.W.3d 124
    , 135–36 (Tex. 2004)
    (orig. proceeding). Because disqualification is a severe remedy, courts must adhere to exacting
    standards when considering motions to disqualify so they are not used as a trial tactic. Spears v.
    Fourth Court of Appeals, 
    797 S.W.2d 654
    , 656 (Tex. 1990) (orig. proceeding). We conclude
    relator has failed to establish his right to mandamus relief. We deny the petition.
    /Carolyn Wright/
    CAROLYN WRIGHT
    150802F.P05                                         CHIEF JUSTICE
    

Document Info

Docket Number: 05-15-00802-CV

Filed Date: 7/9/2015

Precedential Status: Precedential

Modified Date: 7/10/2015