Nuisance: Toxic Torts;; Standing Court Jurisdiction, Procedure and Review: Writ of Mandamus

摘要

See the summary of the facts provided in In re Premcor Refining Co., 223 S.W.3d 904, 174 0.&G.R.?Tex. App.桞eaumont 2007). After the trial court dismisses the permanent nuisance claim, the plaintiffs file an amended petition and add claims for personal injury and temporary nuisance. The amendment leads to the filing of a mandamus claim which in turn leads to the plaintiffs again amending their petition in response to the Court of Appeals' request for clarification. The trial court then issues a case management order requesting information relating to the alleged injuries. The plaintiffs fail to comply with the case management order and Premcor and Motiva move to dismiss which is denied by the trial court even though the original case management order contained provisions to dismiss the claims upon failure to comply.