I have been waiting and watching for post-Haygood opinions, and the Amarillo Court of Appeals delivered a great opinion this week with Henderson v. Spann. In a 2-1 opinion, the panel held that the trial court’s admission of unadjusted medical bills and exclusion of adjusted medical bills constituted reversible error even though the trial court
harmful error
TRCP 193.6 Strikes Again
The Houston Court of Appeals (14th) recently held that a party may not avoid exclusion of an undisclosed expert by simply calling the witness to rebut previous testimony. Appellee failed to timely disclose an expert. The trial court allowed the expert to testify at trial over appellant’s objection. On appeal, the appellant argued that the…
Commingling of Theories under Casteel
The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error. In this medical negligence case, the alleged charge error relates to whether the trial court should have submitted an issue asking whether the plaintiff was contributorily negligent or whether the plaintiff’s acts raised mitigation of damages questions. The majority concludes that it…
Suit to Remove Lis Pendens Involves Interest In Land
In a case involving application of the mandatory venue provision in section 15.011 of the Texas Civil Practice and Remedies Code, the Dallas Court of Appeals held that a suit to remove a lis pendens constitutes an action to quiet title. The Court, therefore, held that "[o]nce it is demonstrated that the court’s judgment would have…