The Appellate Law and Family Law Sections of the Dallas Bar Association are hosting a luncheon to honor outgoing Fifth District Court of Appeals Chief Justice Linda Thomas. The luncheon will be Wednesday, November 4, 2009, at Noon at the Belo Mansion. Those desiring to attend should RSVP to Alicia Hernandez at the Dallas Bar
Discovery of Net Worth Continues to Simmer
At least since the Texas Supreme Court’s 1994 opinion in Transportation Insurance Company v. Moriel, questions of the right to discovery of a defendant’s net worth information, the definition of "net worth", and the scope of information relating to net worth have been simmering in the district courts and in the courts of appeals. The latest opinion on the subject has been issued by the Fourteenth District Court of Appeals and the concurring opinion makes case for why it’s time for the Texas Supreme Court to address these thorny issues. The majority’s opinion in In re Jacobs may be found here. The concurring opinion may be found here.Continue Reading Discovery of Net Worth Continues to Simmer
Dallas Court of Appeals Gets New Chief
Governor Rick Perry appointed Justice Carolyn Wright to succeed Chief Justice Linda Thomas on the Fifth Court of Appeals at Dallas effective October 31, 2009. Justice Wright will be the first African American to serve as chief justice of any intermediate appellate court in Texas. The press release can be found here.
Probate court jurisdiction and void judgments
The Amarillo Court of Appeals recently concluded that when a probate proceeding is filed in a court that does not have jurisdiction, a judgment from the court is void, rather than voidable. In Winfield v. Pietsch, Dale Winfield, Gloria Johnson, and James Winfield filed suit in district court in Randall County seeking to challenge
Agreed Venue in a Major Transaction–Not So Fast
The Dallas Court of Appeals recently held that the major transaction exception to the prohibition on venue agreements only applies if the value of the transaction is contained in the agreement itself. In this original proceeding, the parties entered into a settlement agreement involving real estate in which the parties agreed that venue of any dispute
Discovery in challenges to the exercise of personal jurisdiction
The Houston First District Court of Appeals has held that a trial court abused its discretion by denying the plaintiffs discovery of jurisdictional facts pertaining to the defendants’ personal appearance. In Lamar v. Poncon, John and Nanci Lamar sued Eric Poncon, Morgan’s Rock Hacienda, and Ecolodge for negligence in causing injuries arising out of
Oh Court Reporter, Where Art thou?
What should you do if you show up for a bench trial and there is no court reporter?
The Fort Worth Court of Appeals recently decided an appeal raising this issue. In Kohler v. M & M Truck Conversions, M & M contractually hired Kohler to install a wheelchair lift and related hydraulic equipment
Targeting Mandamus
The Amarillo Court of Appeals recently issue an opinion in In re Lagaite, in which the Court dismissed the petition for writ of mandamus for want of jurisdiction. The petitioner complained of medical treatment he received while incarcerated in a Texas prison and evidently named the medical doctor as the respondent. Noting that Texas