The Dallas Court of Appeals recently held that a default judgment containing a slightly different name than that contained in the citation constitutes error on the face of the record sufficient to justify reversal on restricted appeal. In this appeal, the court was faced with a citation and return of service for "Rone Engineers, Ltd."
January 2011
Demise of Interlocutory Appeal of Temporary Injunctions?
By Mike Northrup on
Posted in Opinions & Judgments
If you’ve got a pending interlocutory appeal from a temporary injunction, or if you are considering filing such an appeal, you will want to pay attention to this.
The Dallas Court of Appeals has held that interlocutory appeals of temporary injunctions should be dismissed because they seek advisory opinions. In Dallas/Fort Worth International Airport Board v. Association of Taxicab Operators, USA, the Association of Taxicab Operators sought temporary and permanent injunctive relief against the Airport Board’s new airport policy favoring taxicabs with dedicated CNG-powered engines. After the trial court granted a temporary injunction, the Airport Board appealed. Notably, at the oral argument, the court of appeals panel asked about the status of the trial on the permanent injunction and the parties advised the court that they had agreed to continue the case because of the pendency of the appeal of the temporary injunction.Continue Reading Demise of Interlocutory Appeal of Temporary Injunctions?
Dallas Bar Association, Appellate CLE
By Mike Northrup on
Posted in News and Events
On Thursday, January 20, 2011, at Noon, David Horan of the Jones Day law firm, will speak at the Belo Mansion on the subject of "Gould v. U. S.: How A Routine Pro Bono Criminal Appeal Resulted in a Trip to the Supreme Court." This CLE is hosted by the Dallas Bar Association…
Mickey, Minnie AND CLE!
By Mike Northrup on
Posted in News and Events
Where can you go to explore the cultures of other countries, visit with Mickey and Minnie, ride stomach-turning rides AND get Appellate CLE credits? The DRI‘s Appellate Advocacy Seminar on March 10-11, 2011, in Orlando, Florida, of course. The organizers have put together a live moot court demonstration with feedback from a panel of…
New Year = New Officers for Dallas Appellate Law Section
By Mike Northrup on
Posted in News and Events
At its December meeting, the Dallas Bar Association‘s Appellate Law Section elected a slate of officers for the year 2011. Congratulations goes to the following persons who were elected upon unanimous voice vote:
Ben Mesches: Chair
Jeremy Martin: Vice-chair
Byron Henry: Secretary
Michelle Robberson: Treasurer
Congratulations should also go to…
Open Records and Declaratory Relief
By Mike Northrup on
Posted in Opinions & Judgments
The City of Dallas challenged the standing of the Dallas Morning News to sue for mandamus relief under the Texas Open Records Act because two Morning News reporters had made the original requests for public information, and not the Morning News itself. Noting that a "requestor" can be the Morning News acting through its agents…