In re City of Dallas
445 S.W.3d 456
| Tex. App. | 2014Background
- City of Dallas seeks writ of mandamus to force trial court to grant leave to file a fourth amended answer and counterclaim.
- Real parties Buckley Oil and Rosebud Holding own property with tanks, occupancy permits, and fire/code compliance issues dating to 1957.
- City sought to apply current fire code; landowners argued application of older codes (1948) and chapter 245 exemptions.
- Discovery and scheduling order governed amendment timing; City amended late and without timely leave; trial court struck amendment as untimely.
- Trial court held further discovery and amendment would delay trial; mandamus petition denied as not appropriate relief.
- Court emphasizes mandamus only appropriate for clear abuse of discretion with no adequate appellate remedy; here, no such abuse shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus lies to review denial of leave to amend | City argues denial frustrates trial progress | Landowners contend amendment would delay and reshape case | Not proper mandamus relief for this denial |
| Whether trial court abused its discretion in denying leave to amend | City asserts amendments were largely substantive but related | Landowners show amendments would prejudice or delay | No abuse; amendment would have prejudiced and delayed trial |
| Whether the court’s scheduling/order management was abused | City claims inconsistent treatment | Landowners claim scheduling control balanced efficiency | No abuse; discretion to manage docket upheld |
Key Cases Cited
- In re Reece, 341 S.W.3d 360 (Tex. 2011) (orig. proceeding; mandamus review for limited exceptional cases)
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (orig. proceeding; limits on mandamus review of pre-trial rulings)
- In re McAllen Medical Ctr., Inc., 275 S.W.3d 458 (Tex. 2008) (orig. proceeding; abuse when preventing viable defense on trial)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus standards for trial court rulings)
- CSR Ltd. v. Link, 925 S.W.2d 591 (Tex. 1996) (scheduling order enforcement; abuse of discretion)