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I: CLIENT 2100 2161 7 - Riddell Plumbing SECOND MANDAMUS Supreme Court Supreme Court - Petition for

I: CLIENT 2100 2161 7 - Riddell Plumbing SECOND MANDAMUS Supreme Court Supreme Court - Petition for -2025

I: CLIENT 2100 2161 7 - Riddell Plumbing SECOND MANDAMUS Supreme Court Supreme Court - Petition for Preview on Page 1

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The document is a petition for writ of mandamus submitted to the Supreme Court of Texas regarding a dispute over the enforcement of a forum selection clause in a contract between International Profit Associates, Inc. and Riddell Plumbing, Inc. The trial court denied motions to dismiss based on this clause, arguing that the plaintiff did not see it when signing the contract. The petition argues that the trial court abused its discretion by imposing an unreasonable burden on the defendants to prove 'presentment' of the clause, contrary to established Texas law which presumes such clauses are enforceable unless proven otherwise by the opposing party.

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What is the 28 1651 petition for writ of mandamus?

The jurisdiction of this Court is invoked under 28 U.S.C. 1651. The All Writs Act, 28 U.S.C. 1651(a), provides: The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

What is the literally meaning of mandamus?

In Anglo-American legal systems, mandamus (Latin for we command) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latters authority.

How long does a writ of mandamus take?

On average, a writ of mandamus can yield results within 30 to 60 days, with a maximum processing time of 90 days. During this time, the U.S. embassy or USCIS is required to submit their response to the mandamus order in court.

What is a petition of writ of mandamus?

A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.

What is the purpose of a writ of mandamus?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v.

What is a writ of certiorari used for?

Writs of Certiorari This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What is a petition for a writ of mandamus in federal court?

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.

What happens if a writ of mandamus is ignored?

(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.

I: CLIENT 2100 2161 7 - Riddell Plumbing SECOND MANDAMUS Supreme Court Supreme Court - Petition for -2025

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