In re Christi Stembridge

Summary

The Fifth District Court of Appeals of Texas denied Christi Stembridge’s petition for writ of mandamus and request for a stay. The court held that her nearly one-year delay in challenging the trial court’s order granting a new trial, without justification, barred mandamus relief.

Holdings

1. A relator's unjustified delay in seeking mandamus relief may waive the right to that relief; Stembridge's nearly one-year delay, coupled with her failure to explain the delay and her filing shortly before the scheduled new trial, barred mandamus relief.
2. A writ of mandamus issues only to correct a clear abuse of discretion when no adequate remedy by appeal exists, and issuance is discretionary rather than a matter of right.

Questions Presented

1. Whether the court of appeals should issue a writ of mandamus directing the trial court to explain with reasonable specificity why it set aside the jury verdict and granted a new trial.
2. Whether Stembridge's nearly one-year delay in seeking mandamus relief barred that extraordinary remedy.

Disposition

writ_denied