Court of Appeals, Sixth Appellate District of Texas · 2021 · Civil Procedure
Civil ProcedureMandamusStay of Proceedingsmandamusstay of proceedingstrial court orderconditional grantfinal judgment
Facts
Gilead Sciences, Inc. filed a motion to stay proceedings in the trial court. The trial court denied that motion in an April 5 order. Gilead then filed a petition for writ of mandamus in the court of appeals. The requested stay was to remain in place until entry of final judgment in the Pennsylvania Action.
Issue
Whether mandamus relief should issue directing the trial court to withdraw its order denying Gilead's motion for a stay and to grant a stay of proceedings until entry of final judgment in the Pennsylvania Action.
Rule
When, as stated in the court's opinion, mandamus relief is warranted, the appellate court may conditionally grant mandamus and direct the trial court to withdraw an order denying a stay and to enter an order granting a stay until final judgment in a related action. The writ issues only if the trial court fails to comply with the appellate court's direction.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a commercial dispute pending in Amarillo, North Basin Therapeutics asked the trial court to stay the case until final judgment was entered in a related action already pending in New Jersey. The trial court denied the stay, and North Basin sought mandamus in the court of appeals, which concluded mandamus relief was warranted.
What is the most appropriate appellate disposition under the governing rule?
Explanation. The majority judgment establishes that when mandamus relief is warranted in this setting, the appellate court may conditionally grant mandamus, direct the trial court to withdraw its order denying a stay, and direct entry of an order granting the stay until entry of final judgment in the related action. The writ is conditional and issues only if the trial court fails to act in accordance with the appellate court's opinion. (Derived from Gilead Sciences, Inc. (n.d.).)