August 2009

The end of the courts of appeals’ fiscal year is upon us and as a result we are seeing a stream of opinions.   One recent opinion that was of particular note is Crown Asset Management, L.L.C. v. Loring.  It is noteworthy for at least two reasons: (1) it was issued by the Dallas Court of Appeals sitting en banc–a rare occurrence, and (2) its holdings are surprising, if not controversial–controversial enough to draw a three-justice dissent, another rarity   This case may merit watching in the event it proceeds further.  Because of its importance, all three of Reverse & Render’s bloggers have decided to review this case en banc, and therefore join the following summary.

Bottom line, the Court held that a trial court did not abuse its discretion by dismissing a case for want of prosecution four months after it was filed while the plaintiff was actively attempting to secure a default judgment.   Readers may want to read the majority and dissenting opinions for themselves.  We summarize and briefly discuss the three holdings below.Continue Reading Dallas Court Reviews “Aggressive Docket Administration”

Ever heard of the continuing contract doctrine?  It’s the sister of the continuing tort doctrine.  Both operate as an exception to the statute of limitations that allows a claimant to recover for contract breaches that occur after the accrual date. 

But can the continuing contract doctrine apply to contracts other than an installment contract?

This issue was before

The Fort Worth Court of Appeals recently reaffirmed that orders denying a motion to dissolve a prejudgment writ of garnishment are interlocutory and, therefore, not appealable.  Accordingly, the Court dismissed the appeal.  The Court’s memorandum opinion in MRI Country Bend Invest. Fund, L.P. v. Capitol Painting & Construction, Inc. dismissing the interlocutory appeal can be found here

If you

The Texas State Bar’s Annual Appellate Practice courses are right around the corner.  The Nuts and Bolts of Appellate Practice is scheduled for Wednesday, September 9, 2009, and the Advanced Appellate Practice course is scheduled for Thursday, September 10, 2009, and Friday, September 11, 2009.  If you can’t make that date, the