Texas Supreme Court, 1998

In Re Van Waters & Rogers Inc.

In Re Van Waters & Rogers Inc.
Texas Supreme Court · Decided October 15, 1998 · Hankinson
988 S.W.2d 740; 42 Tex. Sup. Ct. J. 65; 1998 Tex. LEXIS 143; 1998 WL 716944 (South Western Reporter, Second Series)

In Re Van Waters & Rogers Inc.

Opinion

PER CURIAM.

In this mandamus proceeding, we are asked to review several issues relating to a November 20, 1997 trial court Order on Motion to Select Parties for Trial. These issues include an order abating all discovery except as to the twenty plaintiffs selected to proceed first to trial; an order allowing plaintiffs’ counsel to select the first group of trial plaintiffs; and the denial of relators’ motion to compel plaintiffs to further answer an interrogatory regarding causation of plaintiffs’ injuries.

We believe that the trial court should have the opportunity to reconsider the abatement order in light of our recent opinion in In re Colonial Pipeline Co., 968 S.W.2d 938 (Tex. 1998). If the trial court determines that discovery related to other plaintiffs should not be abated, then the trial court should also reconsider its denial of relators’ motion to compel interrogatory answers regarding causation.

Therefore, we deny the petition for writ of mandamus without prejudice to relators again requesting relief from the court of appeals and this Court after the trial court has had an opportunity to reconsider its rulings.

Justice HANKINSON, did not participate in the decision.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.