stating that an appellate court may not decide *453disputed fact issues in an original mandamus proceeding
How later courts described this case
- stating that an appellate court may not decide *453disputed fact issues in an original mandamus proceeding
- holding that mandamus relief is not available when there are factual disputes
- “It is well established Texas law that an appellate court may not deal with disputed areas of fact in an original mandamus proceeding.”
- noting there was “ample time” for trial findings and appellate review and, where necessary, direct review by the supreme court
Written by the judges who cited it.
The opinion
Justice JOHNSON,
joined by Justice O’NEILL, concurring.
I agree that mandamus relief should be denied because factual disputes exist. Once that conclusion has been reached and expressed, however, no further controversy is before us as this matter is postured. I would not opine as to what relief is appropriate in the event of future hearings and if particular factual determinations result from those hearings.
Further, although I joined with Justice Wainwright in dissenting from the Court’s decisions in Francis and Holcomb and still believe that those cases were wrongly decided, the cases are now precedent of this Court. Thus, I cannot join his dissent. I concur in the Court’s decision to deny relief.