Ex Parte John Cassimus Petition for Writ of Mandamus (in Re: Jason T. Carrick and Ryan McAllister v. John Cassimus)…

Summary

The court denied the petition challenging refusal to dismiss derivative claims because adequacy of derivative representation is a fact-intensive, nonjurisdictional inquiry not suitable for definitive mandamus review at the pleading stage. It dismissed the petition challenging appointment of a discovery special master because it was filed outside the presumptively reasonable period and lacked a good-cause explanation. It denied the petition challenging dismissal under the abatement statute because the petitioners had not pursued an available Rule 54(b) appeal. The court lifted the stay and directed the trial court to resume proceedings.