Opinion

In Re Angelini

  • 49 Tex. Sup. Ct. J. 376
  • 186 S.W.3d 558
  • 2006 Tex. LEXIS 138
  • 2006 WL 435830
Court
Texas Supreme Court
Filed
Feb 24, 2006
Status
Published
Author
Johnson
On the bench
Brister, Jefferson, Hecht, Medina, Green, Johnson, O'Neill, Wainwright, Willett
Cited by
96 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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