In Re: Donald ReidAppeal from ... of ... County (Memorandum Opinion )

State: Texas

Court: Texas Northern District Court

Docket No: 06-13-00031-CV

Case Date: 05/22/2013

Preview:In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-13-00031-CV

IN RE: DONALD REID

Original Mandamus Proceeding

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION
Donald Reid, one of several defendants in a lawsuit brought by Willie Garvin, asks this Court to issue a writ of mandamus directing the district court to grant his motion and sever his portion of the underlying lawsuit from the other defendants. Garvin sued Mo Money and Reid for debt from loans to Mo Money which had been guaranteed by Reid. Garvin also sued Reid alleging Reid fraudulently induced him to transfer stock of Arktex Medical, Inc. In exchange for the stock transfer, Garvin contends Reid was to pay Mo Money one-half of the balance Garvin owed to Mo Money, not to exceed $1.2 million. Reid sought to sever the two actions. The trial court denied the severance request. "Mandamus is the appropriate avenue by which a party may seek review of a trial court's order regarding severance." In re Liu, 290 S.W.3d 515, 518 (Tex. App.--Texarkana 2009, orig. proceeding) (citing In re Hoover, Bax & Slovacek, L.L.P., 6 S.W.3d 646, 650 & n.12 (Tex. App.--El Paso 1999, orig. proceeding)). "We may grant the extraordinary relief of mandamus only when the record brought forth demonstrates that the trial court has clearly abused its discretion and that the relator lacks an adequate appellate remedy." Id. (citing In re Team Rocket, L.P., 256 S.W.3d 257 (Tex. 2008) (orig. proceeding); In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998) (orig. proceeding)). "A trial court does not abuse its discretion unless the judge acts without reference to guiding rules and principles or acts in a manner that is arbitrary and unreasonable." Id. at 518

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