Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

In re Pasadena Independent School District

Because the Lubbock district court's resolution of the factual issue is entitled to deference in a mandamus proceeding and should not be set aside unless it is clear from the record that only one decision could have been reached, the appellate court concludes that the district judge did not abuse his discretion in denying Pasadena ISD's plea in abatement.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Pending before this Court is a petition for writ of mandamus filed by relators Pasadena Independent School District, Kevin Ho, Brandon Hull, Nathan Montez, Masooma Naqvi, Zainab Naqvi, Brandt Smith, Michael Taylor, Shannon Valley, and Jeffery Young (PISD, et al.) seeking to compel the Honorable J. Blair Cherry, Jr., Judge of the 72nd District Court of Lubbock County, to rescind his order granting a temporary injunction and denying PISD et al.’s plea in abatement. For the reasons expressed herein, we conclude the petition for writ of mandamus must be denied.

On March 22, 2002, PISD, et al. filed suit in the 152nd District Court of Harris County designating the Texas Academic Decathlon Association (TADA), a Texas non-profit corporation, as the only defendant and alleging a dispute as to whether the students of the PISD team or the students of the Lubbock Independent School District (LISD) team were the winners of the contest. Although the LISD team was declared the winner on March 3, 2002, and designated to participate in the national competition scheduled for April 9 through April 13, PISD, et al. did not name or designate LISD or its team members as defendants. Following a hearing on March 27, without any notice to the members of the LISD team, the District Court of Harris County signed an order for a temporary injunction finding there was “no clear winner” of the competition and ordering retesting of both teams by April 5, 2002. *fn1

On March 27, 2002, LISD, et al. commenced the underlying action against TADA in the 72nd District Court of Lubbock County. On March 28, Judge Cherry issued a temporary restraining order directing TADA to “desist and refrain” from decertifying LISD as the winner and from retesting LISD. PISD, et al. filed a plea in intervention and a plea in abatement in the Lubbock County lawsuit. PISD et al.’s plea in intervention was granted, but its plea in abatement was denied, and on April 4, 2002, Judge Cherry again ordered TADA from decertifying LISD as the winner and further ordered that LISD would not be retested.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for attorneys in the Solicitor...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›
Go to Lawjobs

LAWYERS OF DISTINCTION

05/25/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

DAVIS, SAPERSTEIN & SALOMON, P.C.

05/08/2023
NJLJ Web

It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.


View Announcement ›

FERRO LABELLA & WEISS LLC

05/08/2023
NJLJ Web

FERRO LABELLA & WEISS LLC would like to announce that....


View Announcement ›
Go to Professional Announcements

Legal Newswire

CHAMBERS USA 2023 RANKS SOUTHBANK LEGAL AMONG THE TOP BANDS FOR COMMERCIAL LITI...
CHAMBERS USA 2023 RANKS IFRAH LAW AND FIRM PARTNERS AMONG THE TOP BANDS FOR GAMI...
Cartel Blue, Inc. Announces Nano-Enhanced THC Product
Intrepid Managed Discovery Welcomes Experienced Team to Drive eDiscovery
Submit a press release