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In re North American Refractories Company

The relator filed a proper motion for continuance based in part on the vacation letter and the mandatory language of Rule 11 of the Regional Rules of Administration for the Second Administrative Judicial Region of Texas, therefore, once the motion was filed invoking the rule, the trial court had no discretion to ignore the mandatory language in the rule.

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Original Proceeding

OPINION

North American Refractories Company (“NARCO”) seeks a writ of mandamus to compel the Honorable Patrick A. Clark, judge of the 128th District Court of Orange County, Texas, to grant a continuance of a trial originally scheduled to commence on June 25, 2001. The underlying asbestos products liability suit involves over 4000 plaintiffs. This particular trial affects ten plaintiffs *fn1 designated as the trial group by plaintiffs’ counsel on June 11, two weeks before trial was to begin. NARCO filed its motion for continuance on June 19, on the grounds that lead counsel had a timely vacation letter on file for the week of June 25 and on the grounds that discovery was incomplete. The trial court denied the motion on June 22.

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