Texas Supreme Court

In Re Union Pacific Resources Company, Relator

July 3, 1998969 S.W.2d 427

Summary

The Texas Supreme Court held that mandamus is improper when the complaining party has an adequate remedy by appeal for an erroneous denial of a recusal motion, and therefore reversed the Court of Appeals' conditional grant of mandamus. The Court emphasized that such denial does not constitute a fundamental error and is subject to ordinary appellate review. Justice Hecht filed a concurring opinion noting that extraordinary circumstances might justify mandamus despite an adequate appellate remedy.