In re Walker & Twenhafel, LLP

Summary

The Thirteenth Court of Appeals of Texas denied Walker & Twenhafel, LLP’s petition for writ of mandamus and motion for emergency relief. The relator argued that the trial court abused its discretion by denying a stay of the underlying lawsuit based on comity, but the court concluded that relator had not shown entitlement to mandamus relief.

Holdings

1. The relator was not entitled to mandamus relief because it failed to show that the trial court abused its discretion and that it lacked an adequate remedy by appeal.
2. Mandamus may be an appropriate vehicle to preserve principles of comity, but the relator still must establish the requirements for mandamus relief.
3. The court granted the relator leave to file its corrected verification.

Questions Presented

1. Whether the relator established entitlement to a writ of mandamus based on the trial court's denial of a stay sought under the principle of comity.
2. Whether the relator's original verification was defective and, if so, whether leave should be granted to file a corrected verification.
3. Whether the relator was entitled to emergency relief pending resolution of the mandamus petition.

Disposition

writ_denied