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806 S.W.2d 802

34 Tex.Sup.Ct.J. 487

Simpson v. Canales

Texas Supreme Court

Decided April 3, 1991

Texas Supreme Court · decided 1991-04-03

Relies on La Buy v. Howes Leather Co. · Reagan v. Vaughn · Edgewood Independent School District v. Kirby

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-03

How this case has been cited

Cited by 24 later decisions — most recently March 2017

23 state decisions

130199120002010decided

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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MAUZY, Justice,

¶1concurring.

¶2I concur in the majority’s result. Under the facts of this case, the trial court’s appointment of a special master was a clear abuse of discretion. See La Buy v. Howes Leather Co., 352 U.S. 249, 77 S.Ct. 309, 1 L.Ed.2d 290 (1957).

¶3I object, however, to the majority’s unnecessary discourse on the historical role of special masters. This Court’s role is not to author legal treatises. Cf. Reagan v. Vaughn, 804 S.W.2d 463 (Tex.1991) (Hecht, J., dissenting on motion for rehearing). Nor is it to issue advisory opinions. Cf. Edgewood v. Kirby, 804 S.W.2d 491 (Tex. 1991) (on motion for rehearing). The people of this state elect their judges to decide the cases that come before the courts. As surely as that role is served by sound reasoning, so is it disserved by needless exercises in pedantry.

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