The Dallas Court of Appeals recently held that contempt is not available to enforce contractual spousal support absent decretal language in the divorce decree along with a reference to Chapter 8 of the Texas Family Code and its requirements. Here, the parties entered into an agreement for spousal maintenance. The final divorce decree, however, simply
Trial court’s reach exceeds its grasp
The Dallas Court of Appeals recently held that a trial court lacks jurisdiction to issue a show-cause order for a non-party to appear if the party is outside the subpoena power of the court. Here, after one unsuccessful mediation, the parties attempted another mediation during trial with the trial court’s blessing. The trial court determined
Mandamus subject to laches
The Dallas Court of Appeals recently reaffirmed that mandamus is controlled by equitable principles, including laches. Here, the relator waited almost nine months to file its petition without explanation. The Court relied on cases finding waiver in which the petitioner waited four to six months before filing for no apparent reason. Accordingly the Court found
Expert disclosures and the property owner rule
The Dallas Court of Appeals recently issued an opinion dealing with two recurring topics: the property owner rule and timely designation of experts. In this foreclosure case, the Court addressed market value testimony by four witnesses. In doing so, the Court applied TRCP 193.6 and the property owner rule.
First, the Court addressed two expert
New Judges Reception Tuesday, October 20, 2015
The Collin County Bar Association is hosting a new judges reception on Tuesday, October 20, 2015 from 5:30-7:30pm at Seasons 52 Restaurant in the Shops at Legacy in Plano, Texas. The judges being recognized include Justices Stoddart, Whitehill, and Schenck of the Fifth Court of Appeals, along with Judges Piper McCraw and Emily Miskel of
Exemplary Damages Caps Need Not Be Pleaded
The Texas Supreme Court recently resolved a split of authority among Texas courts of appeals regarding whether the exemplary damages cap in Section 41.008 of the Texas Civil Practice and Remedies Code needs to be pleaded as an affirmative defense or is simply applied as a matter of law. Some courts (2nd, 13th, 14th) had
Premature Notice of Past Due Findings and Conclusions Insufficient
The Dallas Court of Appeals recently held that a notice of past due findings of fact and conclusions of law filed prematurely is ineffective and does not preserve error. Here, the trial court issued a final judgment and the defendant timely requested findings and conclusions and past due findings. The trial court subsequently entered a
Employee’s assault claim barred by the TCHRA
In a short, straight-forward opinion, the Dallas Court of Appeals recently held that a common-law claim for assault is precluded by the Texas Commission on Human Rights Act. Here, the plaintiff alleged that a supervisor engaged in various sexual related conduct against her at work, including unwanted force and touching. The defendant moved for
Mandamus Developments at the Dallas Court of Appeals
As most appellate lawyers around Dallas know, the Fifth Court of Appeals has a reputation (well-earned) for disposing of petitions for mandamus in, let’s say, a summary fashion. Specifically, the mandamus denials, with few exceptions, have consisted of three-sentences memorandum opinions, two of which were reserved for the standard introduction ("The facts are well known
Plaintiff can’t avoid attorney’s fees by simply dismissing claim
The Dallas Court of Appeals recently held that a plaintiff cannot avoid attorney’s fees by simply dismissing its claim prior to a decision on the merits. In this case, the plaintiff asserted several claims against the defendant, including a claim for violation of the Texas Theft Liability Act (Theft Act). Four days after the defendant