Texas Court: Continuance Should Have Been Granted for Vacation Plans, Discovery Shortfall

BEAUMONT, Texas - A Texas trial court abused its discretion when it prevented a defendant from continuing an asbestos trial because, according to the defendant, its counsel had scheduled vacation time and had not yet completed discovery in the case, a Texas appeals court has ruled. In Re North American Refractories Co., No. 09-01-270-CV (Texas Ct. App., 9th Dist.).

In an opinion issued Aug. 30, Texas' Ninth District Court of Appeals ruled that the trial court must give the defendant, North American Refractories Co. (NARCO), sufficient time to prepare for the trial, which had been severed from a case involving …