In Re Completerx, Ltd.
366 S.W.3d 318
Tex. App.2012Background
- Good Shepherd Hospital sued CompleteRx for an accounting related to a former pharmacy management agreement.
- CompleteRx offered a settlement under Rule 167 and Chapter 42; Good Shepherd moved to modify deadlines for responding.
- Trial court granted a modification delaying Good Shepherd's response until after a court-appointed auditor released his final report.
- CompleteRx declared invoking Rule 167; auditor was appointed; an offer to settle for $70,000 was made with a response deadline of December 1, 2011.
- CompleteRx sought mandamus relief arguing the trial court abused its discretion; court stayed the order pending disposition.
- Court holds the trial court abused its discretion, and CompleteRx has no adequate remedy by appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in modifying the response deadline | CompleteRx argues Rule 167.5 limits modification to invocation/offer timing only. | Good Shepherd contends the legislature intended broader modification to preserve auditor timing. | Yes, trial court abused discretion. |
| Whether the remedy is adequate by appeal | CompleteRx asserts appeal cannot rectify the expedited patent of cost shifting. | Good Shepherd argues appeal is adequate. | No adequate remedy by appeal; mandamus granted. |
Key Cases Cited
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex.2004) (abuse of discretion and standard of review in mandamus)
- In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379 (Tex.2005) (abuse of discretion standard and governing principles)
- Walker v. Packer, 827 S.W.2d 833 (Tex.1992) (limits on appellate deference to trial court decisions)
- In re United Servs. Auto Ass'n, 307 S.W.3d 299 (Tex.2010) (speedy resolution and adequacy of appeals in mandamus context)
- Christus Spohn Hosp. Kleberg, 222 S.W.3d 434 (Tex.2007) (statutory-rule harmony and plain-language interpretation)
- Metro Dairy Queen Stores v. Dominguez, 883 S.W.2d 322 (Tex.App.-El Paso 1994) (rulemaking power of supreme court over procedural rules)
