Narrative Opinion Summary
The Court of Appeals for the Second District of Texas considered the petition for a writ of mandamus filed by The Frost National Bank, acting as trustee of the Vestal B. Sanders Revocable Trust. After reviewing the petition and the accompanying response, the court concluded that the petition should be denied. The relator is ordered to pay all costs associated with this original proceeding, and the court has authorized execution for those costs. The opinion was delivered on August 30, 2007, with a panel consisting of Chief Justice Cayce and Justices Dauphinot and Walker. Justice Walker expressed a differing opinion, indicating he would have granted the petition.
Legal Issues Addressed
Cost Allocation in Original Proceedingssubscribe to see similar legal issues
Application: The relator, The Frost National Bank, is held responsible for all costs associated with the mandamus proceeding.
Reasoning: The relator is ordered to pay all costs associated with this original proceeding, and the court has authorized execution for those costs.
Judicial Panel Disagreementsubscribe to see similar legal issues
Application: Justice Walker expressed a dissenting view, indicating his support for granting the mandamus petition, contrasting with the majority opinion.
Reasoning: Justice Walker expressed a differing opinion, indicating he would have granted the petition.
Mandamus Relief Denialsubscribe to see similar legal issues
Application: The court determined that the conditions for granting a writ of mandamus were not met and thus denied the petition filed by The Frost National Bank.
Reasoning: After reviewing the petition and the accompanying response, the court concluded that the petition should be denied.