In Re Smart’s Empirical Analysis

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1 state decisions

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1. “In In re Smart, 103 S.W.3d 515, 521 (Tex.App.-San Antonio 2003, orig. proceeding) the court stated: In reviewing the trial court's determination of the law, we are not as deferential [as] to its decisions regarding facts. See Walker, 827 S.W.2d at 840 . A trial court has no discretion to misinterpret the law or misapply the law. See id. Thus, a clear failure to analyze the law or apply the law correctly constitutes an abuse of discretion. See id. In the instant matter, respondent misapplied the law regarding a legislative continuance. Accordingly, respondent abused his discretion. While we may agree that respondent abused his discretion in granting the legislative continuance, we cannot grant Smart's petition. Smart must show that she does not have an adequate remedy at law. In re Union Pac. Res. Co., 969 S.W.2d at 428-29. An appellate remedy is not inadequate merely because it involves more expense or delay than a writ of mandamus. In re Masonite Corp., 997 S.W.2d 194, 197 (Tex.1999). Smart fails to argue or show that she has no adequate remedy at law. The instant matter can be compared to a party who has been adversely affected by an ordinary continuance. Respondent's decision to continue the proceedings, although erroneously based, amounts to no more than mere delay. Smart can complain of the trial court's error on appeal. Accordingly, we overrule Smart's second issue and deny the petition.”

   1 later decision quote this exact passage
   e.g. In Re Shell Oil Co.