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 interpreting the policy’s no‑action clause as satisfied; it reversed the Court of Appeals’ conditional writ of mandamus and ordered it vacated. Justice CULVER partially dissented, arguing the Stowers suit should be abated, and Justice GONZALEZ concurred in the result.