Burning Questions

Mandamus, it turns out, will not issue to correct a trial court’s refusal to rule on a motion to dismiss when the movant has not bothered to set a hearing or given notice that the motion would be heard at the pretrial conference. Disappointingly, the Court of Appeals did not reach the novel question of whether Chapter 74 of the Civil Practice & Remedies Code requires a plaintiff to file an expert report when suing a retired physician who owned the cattle that the plaintiff collided with in his vehicle.

In re Archer, No. 05-15-00020-CV