RTP Issue Ripe

In the context of a mandamus petition about a responsible third-party designation, the Fifth Court rejected a ripeness argument based on the pendency of a related motion:

“We conclude that the trial court’s denial of relator’s motion to designate Michael as a responsible third party was a concrete injury. This injury is not rendered “contingent or remote’ by relator’s pending motion to join Michael as a contribution defendant, because even the granting of that motion would not provide the relief that relator seeks in this proceeding.”

In re Modern Senior Living, No. 05-22-00283-CV (June 17, 2022) (mem. op.) (citations omitted).