Tex. App. Ct., 13th Dist.· 9/16/1999

Martinez v. Lakshmikanth

Citations

1 S.W.3d 144
1999 WL 427910

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that 4590i, section 13.01(e) essentially creates a “race to the courthouse” on the 181st day between the claimant to file a voluntary nonsuit and the defendant to file a motion to dismiss with prejudice
recognizing that 4590i, section 13.01(e) essentially creates a “race to the courthouse” on the 181st day between the claimant to file a voluntary nonsuit and the defendant to file a motion to dismiss with prejudice
recognizing that 4590i, section 13.01(e) essentially creates a A race to the courthouse @ on the 181st day between the claimant to file a voluntary nonsuit and the defendant to file a motion to dismiss with prejudice
considering the defendant’s delay, participation in discovery, pleading practice, and affirmative request for relief in determining whether the defendant’s actions were “so inconsistent with an intent to assert the [statutory] right to dismissal”
intent to waive “must be clearly demonstrated by the surrounding facts and circumstances”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dorsey, Hinojosa, Rodriguez

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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