A few weeks ago I wrote about an opinion issued by the Fort Worth Court of Appeals, wherein that court held that Civil Practice and Remedies Code Section 33.004(e) applied to a statute of repose to revive the claims against a responsible third party. Click here for that discussion. I questioned whether Section 33.004(e)’s
June 2009
On Rusty McMains passing…
By Mike Northrup on
Posted in News and Events
I am sad to learn (and report) that the appellate world has lost an icon today. Rusty McMains passed away this morning in Corpus Christi.
As a briefing clerk at the Texas Supreme Court, I learned that there were certain oral advocates who were in the "must see" category when they came to town to…
Split Court Costs When It’s A Tie?
By David Oliveros on
Posted in Opinions & Judgments
Court Costs…
Continue Reading Split Court Costs When It’s A Tie?
Surety Bonds vs. Cash Deposits
By Byron Henry on
Posted in Opinions & Judgments
The Houston (First) Court of Appeals recently issued an interesting opinion regarding perfection of an appeal from a small claims court to a county court at law. The appellant failed to timely file an appeal bond within ten days of the judgment pursuant to to TRCP 571. Instead, the appellant "deposited $5,000 in cash .
Dallas Court Says No to Depo of President Bush
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals held that plaintiffs were not entitled to take the depositions of George W. and Laura Bush in relation to the ongoing dispute over the location of the proposed Bush Presidental Library. The Court stated:
For reasons of comity and the policy considerations discussed in [United States v.]Poindexter, we
…
Dallas Bar Association Appellate Law Section CLE
By Mike Northrup on
Posted in News and Events
The Dallas Bar Association Appellate Law Section meets on Thursday, June 18, 2009, at noon at the Belo Mansion. Texas Supreme Court clerk Blake Hawthorne and Texas Supreme Court rule attorney Kennon Peterson will be speaking on the subject of "An Insider’s View of the Texas Supreme Court."
The Fifth Circuit is going electronic and proposing new rules
By Mike Northrup on
Posted in News and Events
The U.S. Fifth Circuit Court of Appeals is preparing to amend existing rules and adopt new ones. These amendments are mostly prompted by the movement toward electronic filing, which is projected to begin in December of this year. But there are some proposed changes that could affect your malpractice premiums and you will want to…
To Specially Except or Not Specially Except Grounds for Summary Judgment
By David Oliveros on
Posted in Summary Judgment
When should a party specially except to the grounds of a summary judgment motion? Should the non-movant specially except when the grounds are ambiguous? Or if the grounds are not expressly present?
The Dallas Court of Appeals addressed this issue in Garza v. CTX Mortgage Company, LLC.
The Garzas sued CTX for various causes…
Why “overrule” when you can “disapprove”?
By Mike Northrup on
Posted in Opinions & Judgments
In its recent opinion in Perkins v. City of San Antonio, the San Antonio Court of Appeals stated "we disapprove of our conclusion in Wu [v. City of San Antonio], regarding the applicable standard for reviewing the Board’s orders." (emphasis added). By way of background Wu adopted a hybrid standard of review for…