Mesa Offshore Trust (fka MOSH)

[MikeWhite]

Well for 2007 statistics I see out of 252 Petitions for Writs of Mandamus dispositions of Other than Regular Causes only 16 were "conditionally granted" and 211 were "Review Refused/Denied" or "Dismissed"

Here is some clarification of a "Regular Causes" and a "Other than Regular Causes". A "Regular Causes" involve cases in which four or more (out of six) of the Supreme Court justices have decided in conference that a petition for review. Most regular causes are set for oral argument in open court and are reported in written opinions. However, a petition may be granted and an unsigned opinion (per curium) issued without oral argument if at least six members of the Court vote accordingly.

All or the majority of the opinions issues from the Texas Supreme court that I have read are for people appealing a case after they failed in the Trial court and the COA. The only ones I see granted recently all revolve around custody battles and improper ruling regarding arbitration agreements that the court did not respect or the press/media issues with freedom of speech and libel/slander issues. These all seem like valid appeals

PXD’s Petitions for Writs of Mandamus is a real desperate attempt. They lost their motion in the trial court, appealed to the COA and the COA did not think they were entitled to mandamus relief. Let me also clarify that the COA ruled made a "per curiam" decision meaning the entire court (three justices) ruled. Perhaps only one wrote the opinion and the rest joined the opinion but I see no dissenting opinion (rare in a "per curiam" opinion).

PXD could not convince one trail court Judge or 3 Justices from the COA what makes you think they will get a majority from 6 Justices from the Texas supreme court??

I don’t think they have any chance whatsoever!

-Mike