You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

in Re Legado Excavation and Construction, LLC

Citation: Not availableDocket: 10-22-00426-CV

Court: Court of Appeals of Texas; December 27, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Tenth Court of Appeals denied the Petition for Writ of Mandamus filed by Legado Excavation and Construction, LLC on December 21, 2022. Additionally, the Motion for Temporary Relief submitted by the relator on the same date was deemed moot and also denied. The opinion was issued and filed on December 28, 2022, with Justice Matt Johnson and Justice Smith presiding, while Chief Justice Gray recused himself from the case. The ruling references applicable Texas legal codes and rules concerning judicial conduct and procedure.

Legal Issues Addressed

Judicial Conduct and Recusal

Application: Chief Justice Gray recused himself from the case, reflecting adherence to standards of judicial conduct and impartiality.

Reasoning: The opinion was issued and filed on December 28, 2022, with Justice Matt Johnson and Justice Smith presiding, while Chief Justice Gray recused himself from the case.

Mandamus Relief in Texas Courts

Application: The court denied the Petition for Writ of Mandamus filed by Legado Excavation and Construction, LLC, indicating that the petitioner did not meet the necessary criteria for mandamus relief under Texas law.

Reasoning: The Tenth Court of Appeals denied the Petition for Writ of Mandamus filed by Legado Excavation and Construction, LLC on December 21, 2022.

Mootness of Temporary Relief Motions

Application: The Motion for Temporary Relief was denied as moot, suggesting that the circumstances surrounding the motion were resolved or irrelevant following the denial of the main petition.

Reasoning: Additionally, the Motion for Temporary Relief submitted by the relator on the same date was deemed moot and also denied.