Often trial judges sign orders that are not final either because they fail to dispose of all parties and issues before the court, or the written order fails to reflect the trial court’s intent that the order be a final, appealable judgment. That was the case in Hodo v. State, and the Amarillo Court
June 2010
Discovery of Trade Secrets – Mandamus Granted in Dallas COA
Posted on
Posted in Mandamus
Few writs of mandamus are granted in Dallas, so when I see one in the daily case updates I like to check the opinion out. I was glad I did so today! The Dallas Court of Appeals issued an informative opinion today conditionally granting a writ of mandamus to vacate an order that compelled the production…
Are we about to get new net worth discovery rules (finally)?
By Mike Northrup on
Posted in News and Events
A few months back, I wrote about a mandamus opinion from the Houston Fourteenth Court of Appeals, involving discovery of net worth. The majority and concurring opinions were groundbreaking in terms of their discussions.
This Spring, I wrote an article that appeared in the Appellate Advocate and discussed discovery of net worth. I noted that the Relators…
Appellate Continuing Education
By Mike Northrup on
Posted in News and Events
The Dallas Bar Association‘s Appellate Law Section is having its monthly CLE luncheon on Thursday, June 17th at Noon at the Belo Mansion. This month’s speaker is K&L Gates attorney Chris Kratovil. Chris will be speaking on "Federal Mandamus and the East Texas Venue Wars."
Get on board with e-briefs
By Byron Henry on
Posted in News and Events
With e-filing in the court of appeals right around the corner, there was a lot of talk about technology and e-briefs at the UT appellate CLE earlier this month. Some Texas Supreme Court justices even discussed their use of technology (Chief Justice Jefferson reads petitions for review on his Kindle), as well as their favorite blogs.
Our friend Don Cruse…
Tolling of Legal Malpractice Claim Survives Remand
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals recently held that the statute of limitations is tolled in a legal malpractice case throughout the underlying case including the appeal, remand, and any new trial, and subsequent appellate proceedings. In this case, the plaintiff filed a suit for legal malpractice and the defendant moved for summary judgment based on limitations. The trial court granted…
Remedy for Judicial Foreclosure
By Mike Northrup on
Posted in Opinions & Judgments
It’s been a couple weeks since my last post–thanks to a bunch of deadlines. Here’s a little ditty I noticed discussing judicial foreclosures, and it got me to thinking up some interesting law-school type questions about the result.
The Dallas Court of Appeals affirmed a summary judgment awarding judicial foreclosure in Brown v. EMC Mortgage …