In re Ford Motor Co.

Summary

The Supreme Court of Texas conditionally granted Ford Motor Company's petition for writ of mandamus concerning a statutory legislative continuance. The court held that Ford satisfied the requirements of Texas Civil Practice and Remedies Code section 30.003 and that the opposing party had not established the constitutional exception recognized in Waites v. Sondock. The court directed the trial court to grant the continuance because it lacked discretion to deny the properly supported motion.

Holdings

1. When a lawyer-legislator is retained more than thirty days before a civil case's trial date and the statutory affidavit requirements are satisfied, section 30.003 makes the legislative continuance mandatory and removes the trial court's discretion to deny it, subject to the constitutional exception recognized in Waites.
2. The Waites exception does not apply merely because a continuance may impair access to medical or rehabilitative services; the opposing party must show that delay will defeat or abridge a substantial existing right enforceable against the party seeking the continuance.
3. A party denied a mandatory legislative continuance has no adequate remedy by appeal because the interests protected by the legislative-continuance statute, including legislative participation and the attorney-legislator's competing duties, cannot be fully remedied after appeal.

Questions Presented

1. Whether the trial court clearly abused its discretion by denying Ford's motion for a legislative continuance under Texas Civil Practice and Remedies Code section 30.003.
2. Whether Fuentes established the constitutional exception recognized in Waites v. Sondock by showing that delay would defeat or abridge a substantial existing right.
3. Whether Ford had an adequate remedy by appeal for the denial of the legislative continuance.

Disposition

writ_granted