(Download) "Jeannie Moss v. Jan Heard Malone" by Twelfth District, Tyler Court of Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Jeannie Moss v. Jan Heard Malone
- Author : Twelfth District, Tyler Court of Appeals of Texas
- Release Date : January 29, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Opinion ON MOTION FOR REHEARING In her motion for rehearing, Appellee accuses this Court of misapplying the standard of review
enunciated in Villegas v. Carter, 711 S.W.2d 624 (Tex. 1986). By order, on April 24, 1990, the Supreme Court amended TEXAS RULE OF CIVIL PROCEDURE 10 to be effective September 1, 1990.
By that Rule change, the mandatory word "shall" imposes a duty on the trial court to require a motion to withdraw to comply
with the requirements placed there to protect the party litigant. This altered the discretion trial courts may have previously
enjoyed. When the trial court granted a motion to withdraw which failed to meet the mandatory requirements of Rule 10, the
court abused its discretion. The court was aware that it was doing an act that would be a problem later when he said, "I knew
when I let Mr. Beatty withdraw that we were going to get into this situation." (See original opinion for context). We have
applied the reasoning in Villegas which reads:
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