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746 S.W.2d 471

31 Tex.Sup.Ct.J. 207

Lunsford v. Morris

Texas Supreme Court

Decided February 10, 1988

Texas Supreme Court · decided 1988-02-10

Good law ✅— No negative treatment on recordhow we know

Decided 1988-02-10

How this case has been cited

Cited by 78 later decisions (1 by the Supreme Court) — most recently October 2017 · most notably TXO Production Corp. v. Alliance Resources Corp. (1993), Transportation Insurance Co. v. Moriel (1994)

4 federal appellate · 2 district · 67 state decisions

4901988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR REHEARING

¶2I join in that portion of Justice Gonzalez’s dissent which discusses the nature of the writ of mandamus. I do not believe the trial judge clearly abused his discretion in this case. The resolution of this issue, although important to the jurisprudence of the state, should properly await another day.

¶3In light of that conclusion, I do not join in the remainder of Justice Gonzalez’s opinion. In particular, I disagree with the apparent suggestion that this court should mandate a bifurcated trial whenever punitive damages are to be awarded. I believe this is an unnecessarily cumbersome means of protecting the defendant’s legitimate interests against prejudice and the invasion of privacy. The trial court can more efficiently accomplish these objectives by placing limits on the scope and nature of discovery, issuing protective orders, and giving such jury instructions as may be appropriate.

¶4I agree with Justice Gonzalez’s observation that most of the questions raised by respondent are properly left to the discretion of the trial court. The trial court is in the best position to determine how to balance the right to legitimate discovery with the right to avoid harassment or prejudice. The exact parameters of this new right to discovery, including those problems raised in the remainder of Justice Gonzalez’s dissent, should be resolved in subsequent litigation by the orderly development of case authority.

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