IN THE SUPREME COURT OF
In re Allied Chemical Corporation et al., Relators
On Petition for Writ of Mandamus
Argued November 16, 2005
Justice Wainwright, dissenting.
several opinions in this case cogently set forth different positions. The truth
is we all agree that improper tactical gamesmanship that skews accurate
outcomes in the search for justice in the courts should be halted. In
extraordinary cases in which the trial court has abused its discretion and
there is no adequate remedy by appeal, it should be halted by mandamus. See
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36
If we do not require litigants to avail themselves of the existing avenues for relief before seeking unique and extraordinary mandamus remedies, then mandamus relief will cease being extraordinary in the manner our precedents prescribe. The rules of procedure provide methods to address the complaints in this case. I depart from the Court in this case over the propriety of granting relief by mandamus.
J. Dale Wainwright
OPINION DELIVERED: June 15, 2007