To show entitlement to mandamus relief, ETMC was required to demonstrate that 1. the trial court had a legal duty to act; 2, ETMC requested performance; and 3. the trial court refused to perform. The appellate court concludes that ETMC did not establish a request for performance based upon the new affidavits. Because it did not make the necessary request, ETMC has been unable to establish the trial court's refusal to act on such a request.
March 07, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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