Martinez v. Lakshmikanth

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).