Case Citator › Cleveland v. Ward

Cleveland v. Ward

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Texas
Citation
285 S.W. 1063
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1992

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Cleveland v. Ward has been overruled in part: all 30 flagged citations have been read, and the confirmed treatment is listed below. The Texas Supreme Court rejected Cleveland's suggestion that an appeal is inadequate for mandamus merely because appeal takes more time or money.
More on how this was screened

Courts continue to apply Cleveland's separate rule on dominant jurisdiction between courts hearing related suits.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Cleveland v. Ward; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Cleveland v. Ward?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Texas Supreme Court rejected Cleveland's lenient standard for when an appeal is inadequate to preclude mandamus, while leaving its dominant-jurisdiction rule intact.

    Walker v. Packer · Supreme Court of Texas · filed

    We therefore disapprove of Cleveland, Crane, Jampole and any other authorities to the extent that they imply that a remedy by appeal is inadequate merely because it might involve more delay or cost than mandamus.
    Read the full opinion on CourtListener →

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