In re Nancy Vasquez and Bolivar Building and Contracting, LLC

Summary

The Thirteenth Court of Appeals of Texas conditionally granted Nancy Vasquez and Bolivar Building and Contracting, LLC's petition for writ of mandamus. The court held that the trial court abused its discretion by granting Bolivar leave to add four third-party defendants nearly five years into the litigation, because the proposed joinder would unreasonably delay trial and the individuals were not indispensable parties. The court directed the trial court to vacate its January 7, 2026 order granting leave.

Holdings

1. The relators preserved their complaint because they opposed the motion at the hearing, specifically objected to granting it, and informed the trial court that they would seek mandamus relief.
2. Texas Rule of Civil Procedure 38 and Texas Civil Practice and Remedies Code section 33.004 did not authorize the proposed pleading because Bolivar sought to impose direct liability on the proposed parties, rather than assert that they were liable for all or part of the claims against him or merely designate them as responsible third parties.
3. The proposed third-party defendants were not indispensable parties because Bolivar could proceed against any one defendant separately.
4. Granting leave to add the proposed third-party defendants was a clear abuse of discretion because the proposed joinder was sought nearly five years into the case, after numerous trial settings, and would cause an unreasonable delay in trial.
5. Mandamus relief was appropriate because the trial court clearly abused its discretion and the relators lacked an adequate remedy by appeal.

Questions Presented

1. Whether the relators preserved their complaint that the trial court abused its discretion by granting leave to add third-party defendants.
2. Whether Texas Rule of Civil Procedure 38 or Texas Civil Practice and Remedies Code section 33.004 authorized Bolivar's proposed pleading.
3. Whether the proposed third-party defendants were necessary, indispensable, or permissive parties under Texas Rules of Civil Procedure 37, 39, or 40.
4. Whether the trial court clearly abused its discretion by granting leave to add the proposed third-party defendants at that late stage of the litigation and thereby delaying trial.
5. Whether the relators had an adequate remedy by appeal.

Disposition

writ_granted