(DOWNLOAD) "Owens-Corning Fiberglas Corporation v. Honorable Neil Caldwell" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Owens-Corning Fiberglas Corporation v. Honorable Neil Caldwell
- Author : Supreme Court Of Utah
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Owens-Corning Fiberglas Corporation (OCF) seeks mandamus relief, asking this Court to vacate Judge Neil Caldwells December 13, 1990, order appointing a master in the underlying litigation. OCF argues that the underlying litigation is not an exceptional case and that the appointment is blanket and unlimited, in violation of TEX. R. CIV. P. 171 and the recent decision of the supreme court in Simpson v. Canales, 806 S.W.2d 802 (Tex. 1991). Judge Caldwell contends: (1) relator did not preserve error because it did not first seek relief from the trial court; (2) relator did not timely object to the appointment of the master; (3) mandamus is precluded because resolution of disputed fact issues is a precondition to the relief relator requests; (4) the order is supported by sufficient evidence and is unchallenged; and (5) no grounds exist to remove the master.