Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 14, 2023.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re Gamble, No. 02-22-00429-CV (Aug. 17, 2023) (Birdwell, J., joined by Walker, J.; Womack, J., dissents without opinion).

Held: Personal injury plaintiff suing both individually and as next friend of his minor daughters was entitled to partial mandamus relief from the trial court’s order granting the defendant leave to designate responsible third parties as to his individual claims because the trial court abused its discretion by concluding that the defendant had met his discovery obligations as the necessary predicate to such designations pursuant to Texas Civil Practice & Remedies Code Section 33.004(d).  However, Section 33.004(d) does not apply to plaintiff’s daughters’ claims because the applicable limitations periods on their causes of action have not yet expired.  Thus, the trial court was directed to modify its order to provide that the defendant’s responsible-third-party designations apply only to the daughters’ causes of action, not the plaintiff’s individual claims.