Mandamus yes, mandamus no.

July 21, 2019

July 19 is notable as the birthday of Samuel Colt, and as the day the Fifth Court gave two clean examples of when mandamus is, and is not, available:

  • YES. The trial court granted a motion to reinstate after the expiration of plenary power. The Fifth Court granted the writ “instanter” in this situation, since the trial court’s lack of jurisdiction was established with certainty. In re Southern Management, No. 05-19-00653-CV (July 19, 2019) (mem. op.)
  • NO. The trial court declined to find certain materials were confidential and thus covered by its protective order–a topic as to which the Fifth Court “afford[s] the trial court broad discretion” and requires “facts showing a particular, specific, and demonstrable injury” and “detailed information to support its claim of privilege or confidentiality.” In re Toyota, No. 05-19-00030-CV (July 19, 2019) (mem. op.)