Supersedeas aficionados will want to take a look at the Austin Court of Appeals‘ opinion in Shook v. Walden. The opinion gives a very thorough treatment of the parties’ arguments and analysis of the law relating to elements of damages that must be superseded. To summarize, the court of appeals makes the following
February 2010
Due Process requires an opportunity to be heard
By Mike Northrup on
Posted in Opinions & Judgments
The Dallas Court of Appeals has held that "due process requires that a party be given the opportunity to present its arguments to a court before the court makes a ruling." (citing TRAP 52.4).
In In re Victor Enterprises, Inc., the trial court (Dallas County Court at Law No. 1) granted a petition for…