The Dallas Court of Appeals has held that a trial court did not abuse its discretion by excluding the amount of the judgment appealed from the judgment debtor’s net worth calculation for purposes of a supersedeas bond. What is different from this opinion than from a prior opinion we blogged about is that in this
October 2011
Certificate of Merit Requirement is Broad
By Mike Northrup on
Posted in Opinions & Judgments
In 2007, the Texas Legislature adopted a Certificate of Merit requirement applicable to claims against architects and engineers. The statutory requirement is much like the expert affidavit requirement applicable to health care liability claims. The Houston First District Court of Appeals has given us an idea of just how broadly the statute should be interpreted.…
Mandamus Granted Over Denial of Special Exception
By Mike Northrup on
Posted in Opinions & Judgments
Here’s one to put in your mandamus file. The Dallas Court of Appeals has held that the trial court abused its discretion by denying a special exception and that the relators had no adequate remedy by appeal. Of course, there’s more to this holding than meets the eye.
This is a sharolder derivative suit governed…