in Re: Dalton Pfiffner
05-15-01208-CV
Tex. App.Oct 5, 2015Background
- Pfiffner seeks a writ of mandamus directing the successor judge to reconsider an evidentiary ruling underlying the predecessor's September 3, 2015 final modification order.
- Pfiffner alternatively seeks vacation of the final order and a new trial.
- The court of appeals addresses the petition for writ of mandamus, and denies relief.
- The court notes mandamus is not a substitute for appeal and is appropriate only where an adequate remedy by appeal does not exist.
- The final modification order may be appealed; mandamus relief is available only if no adequate appellate remedy exists.
- The court concludes there is an adequate remedy by appeal and declines to abate or rehear in mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is mandamus appropriate where an adequate appeal remedy exists? | Pfiffner argues mandamus is needed to review the trial court's ruling. | The court argues mandamus is not appropriate when an adequate appellate remedy exists. | Denied; adequate appellate remedy exists. |
| Should the mandamus petition be abated or reconsidered due to new-judge issues? | Pfiffner seeks reconsideration by the successor judge or abatement under Rule 7.2(b). | No abatement or reconsideration is warranted; mandamus is inappropriate here. | Denied; no abatement or reconsideration required. |
Key Cases Cited
- In re Prudential Ins. Co., 148 S.W.3d 124 (Tex. 2004) (mandamus relief limited where appeal provides adequate remedy)
- In re Bernson, 254 S.W.3d 594 (Tex. App.—Amarillo 2008) (mandamus not a substitute for appeal)
- In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227 (Tex. 2008) (no mandamus against new judge for predecessor’s actions)
- In re Hidalgo, 279 S.W.3d 456 (Tex. App.—Dallas 2009) (judicial economy concerns; reconsideration not required)
- Hidalgo v. Hidalgo, 310 S.W.3d 887 (Tex. 2010) (rev’d on other grounds; related point on procedure)
- Pannell, 283 S.W.3d 31 (Tex. App.—Fort Worth 2009) (orig. proceeding considerations for mandamus)
- Pat Walker & Co., Inc. v. Johnson, 623 S.W.2d 306 (Tex. 1981) (timely appeal prerequisite before mandamus relief)
