In Re Sci Texas Funeral Services, Inc.

Court of Appeals of Texas

In Re Sci Texas Funeral Services, Inc.

198 S.W.3d 14, 2006 WL 228593

CourtCourt of Appeals of Texas

DecidedMarch 15, 2006

Docket08-05-00335-CV

StatusPublished

Cited by5 cases

This text of 198 S.W.3d 14 (In Re Sci Texas Funeral Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Sci Texas Funeral Services, Inc., 198 S.W.3d 14, 2006 WL 228593 (Tex. Ct. App. 2006).

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Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, ' Justice.

Relators, Sci Texas Funeral Services, Inc., SCIT Holdings, Inc., SCI Funeral Services, Inc., and Service Corporation International, ask this Court to issue a writ of mandamus against the Honorable Javier Alvarez, Judge of the County Court at Law No. 3 of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Although mandamus is not an equitable remedy, it is largely governed by equitable principles. Rivercenter Associates v. Rivera, 858 S.W.2d 366, 367 (Tex.1993). One such principle is that equity aids the diligent and not those who slumber on their rights. Id.

By this mandamus proceeding, Relators seek to challenge an April 29, 2005 order imposing sanctions, but they did not file their mandamus petition until October 19, 2005. Relators have provided no explanation for the delay. We conclude that mandamus relief must be denied because of laches. See Furr’s Supermarkets, Inc. v. Mulanax, 897 S.W.2d 442, 443 (Tex.App.-El Paso 1995, orig. proceeding). Even if Relators had sought mandamus relief earner, the record before us does not demonstrate that Respondent clearly abused his discretion.

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OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, ' Justice.

Relators, Sci Texas Funeral Services, Inc., SCIT Holdings, Inc., SCI Funeral Services, Inc., and Service Corporation International, ask this Court to issue a writ of mandamus against the Honorable Javier Alvarez, Judge of the County Court at Law No. 3 of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Although mandamus is not an equitable remedy, it is largely governed by equitable principles. Rivercenter Associates v. Rivera, 858 S.W.2d 366, 367 (Tex.1993). One such principle is that equity aids the diligent and not those who slumber on their rights. Id.

By this mandamus proceeding, Relators seek to challenge an April 29, 2005 order imposing sanctions, but they did not file their mandamus petition until October 19, 2005. Relators have provided no explanation for the delay. We conclude that mandamus relief must be denied because of laches. See Furr’s Supermarkets, Inc. v. Mulanax, 897 S.W.2d 442, 443 (Tex.App.-El Paso 1995, orig. proceeding). Even if Relators had sought mandamus relief earner, the record before us does not demonstrate that Respondent clearly abused his discretion.

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