explaining that absent a showing that the future conduct of discovery will justify supervision by a master rather than the court, Athe parties have simply been ordered to pay by the hour for resolution of the same kinds of issues by a master that litigants in other cases can obtain from the court without such expense@
How later courts described this case
- explaining that absent a showing that the future conduct of discovery will justify supervision by a master rather than the court, Athe parties have simply been ordered to pay by the hour for resolution of the same kinds of issues by a master that litigants in other cases can obtain from the court without such expense@
- holding that a toxic-tort case involving one plaintiff, eighteen defendants, and allegations that chemicals in the defendants= products caused lung cancer was not an exceptional case warranting appointment of a master
- holding that to require parties to reserve for appeal their complaint regarding the erroneous appointment of a master in chancery would be to deny any effective relief from the trial court=s order
- holding that toxic tort case involving many defendants and several discovery motions was undoubtedly more complicated than many others, but not so complicated as to be exceptional
Written by the judges who cited it.
The opinion
MAUZY, Justice,
concurring.
I concur in the majority’s result. Under the facts of this case, the trial court’s appointment of a special master was a clear abuse of discretion. See La Buy v. Howes Leather Co., 352 U.S. 249 , 77 S.Ct. 309 , 1 L.Ed.2d 290 (1957).
I object, however, to the majority’s unnecessary discourse on the historical role of special masters. This Court’s role is not to author legal treatises. Cf. Reagan v. Vaughn, 804 S.W.2d 463 (Tex.1991) (Hecht, J., dissenting on motion for rehearing). Nor is it to issue advisory opinions. Cf. Edgewood v. Kirby, 804 S.W.2d 491 (Tex. 1991) (on motion for rehearing). The people of this state elect their judges to decide the cases that come before the courts. As surely as that role is served by sound reasoning, so is it disserved by needless exercises in pedantry.