08-0660 In re Satterfield & Pontikes Construction Inc. from Duval County and the Fourth District Court of Appeals, San Antonio For relator: Nicholas A. Parma, San Antonio For real party in interest: Craig T. Enoch, Austin The principal issue is whether the trial court erred (a) when it severed all subcontractors from a school district's lawsuit against Satterfield, the prime contractor, even though the court previously permitted Satterfield to amend the suit to add the subcontractors, or (b) when the court refused to consolidate Satterfield's suits against the subcontractors, or (c) both. In this case Satterfield claimed its subcontractors did all construction on a high school and moved to add them to the suit alleging construction defects. The trial court granted the motion without notice to either party. Then Satterfield sued the subcontractors in a separate action and tried to consolidate those suits with the district's. The trial court denied the motion. When Satterfield learned the court granted its earlier motion to file a third-party petition against the subcontractors, Satterfield amended and served them. The trial court denied the district's motion to strike the subcontractors from the suit, but severed them on its own motion. The court of appeals denied mandamus relief. As in the Scoggins case, an important issue is whether Satterfield has an adequate remedy by appeal if the trial court clearly abused its discretion. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us
