The Dallas Court of Appeals recently held that a denial of leave to designate a responsible third party is subject to mandamus relief. In In re Smith, No. 05-11-01657-CV., 2012 WL 1066331 (Tex. App.—Dallas 2012, no pet. h.), the Dallas Court of Appeals held that an “improper denial of leave to designate a responsible third party may not be adequately addressed by appeal,” and, as such, appellants were entitled to mandamus relief. The Dallas Court of Appeals noted that there is a split amongst the other Texas Courts of Appeals regarding this issue. Specifically, the Dallas Court of Appeals noted that some courts have granted mandamus relief. E.g., In re Brokers Logistics, Ltd., 320 S.W.3d 402, 408 (Tex. App.—El Paso 2010, orig. proceeding); In re Arthur Andersen LLP, 121 S.W.3d 471, 485–86 (Tex. App.–Houston [14th Dist.] 2003, orig. proceeding). It also noted that other courts have denied mandamus relief, holding that appeal is ordinarily an adequate remedy for such errors. E.g., In re Unitec Elevator Servs. Co., 178 S.W.3d 53, 63–64 (Tex. App.—Houston [1st Dist.] 2005, orig. proceeding); In re Martin, 147 S.W.3d 453, 459–60 (Tex. App.—Beaumont 2004, orig. proceeding, pet. denied). The Texas Supreme Court has not yet issued an opinion addressing this issue.
