Avg. Granted - Texas Appellate Law Blog.pptVIP

* * * * * * * * * * * * * * * * * * * * * * * * * * Change in attitude unlikely based on election results Justice Wainwright’s Dissent “The Court creates a whole new world today, jettisoning the well-established precept that delay and expense alone do not justify mandamus review. While such costs are undesirable and should be avoided when appropriate, the requirement of an inadequate remedy on appeal served as a check on appellate entanglement in incidental trial rulings and as a guide to the bench and bar on when to seek mandamus review.” Possible Effects Increase in mandamus filings Expansion beyond “traditional” scope of mandamus to include what otherwise would have been considered “incidental” trial court ruling Increased opportunity for advocacy based on balancing test Increased cost of litigation SCOTX Cases Since McAllen In re Poly-America, L.P., 262 S.W.3d 337 (Tex. 2008): severed substantively unconscionable arbitration-clause provisions and compelled arbitration of retaliatory-discharge claim. ? In re Baylor Medical Center at Garland, 2008 WL 3991132 (Tex. August 29, 2008): new trial orders can be vacated as long as the trial court retains plenary power over the case. In re Davis, 2008 WL 3991186 (Tex. August 29, 2008): declining to force local-option election to approve beer and wine sales. ? In re Kiberu, 2008 WL 4000808 (Tex. August 29, 2008): sending Rule 202 case back to court of appeals in light of earlier case The Numbers Texas Supreme Court Year Filed Granted % Granted +/- Avg. Filed +/- Avg. Granted +/- Avg. Granted % 2000 276 6 2% +19 -6 -2% 2001 255 6 2% -2 -6 -2% 2002 269 7 3% +12 -5 -1% 2003 267 3 1% +10 -9 -3% 2004 268 3 1% +11 -9 -3% 2005 255 22 9% -2 +10 +5% 2006 235 24 10% -22 +12 +6% 2007 231 21 9% -26 +9 +5% Total 2056 92 4% Texas Supreme Court Average Filed Average Granted Average % Granted 2000-2004 267 5 2% 2005-2007 240 22 9% Tyler, Beaumont, Waco and Houston [14th Dist.] Courts of Appeals Year Filed Granted