The Honorable John Street, Judge, 352nd Judicial District Court, Relator v. the Honorable Second Court of Appeals…

Summary

The Texas Supreme Court held that the trial court did not abuse its discretion in refusing to abate a Stowers action while the underlying tort judgment was pending on appeal, defining when a judgment is "final" for Stowers purposes, and ordered the Court of Appeals to vacate its conditional writ of mandamus. Justice CULVER partially dissented, arguing the Stowers suit should be abated until the underlying case is final, while Justice GONZALEZ concurred in the result but criticized the majority's extensive discussion.