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in Re: Dalton Pfiffner
05-15-01208-CV
Tex. App.
Oct 5, 2015
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Background

  • 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)
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Case Details

Case Name: in Re: Dalton Pfiffner
Court Name: Court of Appeals of Texas
Date Published: Oct 5, 2015
Docket Number: 05-15-01208-CV
Court Abbreviation: Tex. App.