(DOWNLOAD) "George W. Mauze v. Honorable Peter Michael Curry" by Supreme Court of Texas No. D-3666 * Book PDF Kindle ePub Free
eBook details
- Title: George W. Mauze v. Honorable Peter Michael Curry
- Author : Supreme Court of Texas No. D-3666
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Per Curiam In this original proceeding, Relator George W. Mauze, II seeks a writ of mandamus directing the trial judge (1)
to vacate his March 2, 1993 order denying Mauze's motion to disqualify counsel and (2) to grant Mauze's motion to disqualify
counsel. Pursuant to Rule 122 of the Texas Rules of Appellate Procedure, without hearing oral argument, a majority of the
court conditionally grants the writ of mandamus. Mauze previously represented Cleta and Sam Sample in a personal injury case which was settled for $125,000. The settlement
check was made payable to the Samples and their prior attorney, Tom Hall. Subsequently the Samples sued Mauze, asserting that
he committed malpractice in causing them to endorse the settlement check with Tom Hall's name as payee. John Bevil represents
the Samples in the legal malpractice case. Mauze filed a motion for summary judgment. Bevil personally signed and swore to
a controverting affidavit testifying that in his opinion Mauze was negligent and that such negligence caused damages to the
Samples. There was no other expert evidence concerning legal malpractice or causation. The trial judge denied the motion for
summary judgment. Subsequently, Mauze filed a motion to disqualify Bevil because, by preparing and filing the controverting
affidavit as the only expert witness, Bevil became a witness necessary to establish the essential facts -- malpractice negligence
and proximate cause. The trial judge denied the motion to disqualify counsel.