The Houston (Fourteenth) Court of Appeals recently held that a trial court abuses its discretion if it conditions a trial setting on the payment of sanctions. Here, after a plaintiff and his attorney were sanctioned $45,000 and $5,000, respectively, they challenged the sanctions order by mandamus. In its memorandum opinion, the court of appeals began
“Overly broad is the way that leadeth to mandamus.”
At least that’s how the Texas Supreme Court’s version of Matthew 7:13 reads. In a per curiam opinion, the Court recently demonstrated its vigilance in policing overly-broad discovery orders. In this product liability case, the plaintiff sought all documents of consumer complaints regarding "the sidestep on any model backhoe." John Deere objected to the request as overly
Welcome to Texas: Personal Jurisdiction Over Non-Resident Directors of Texas Corporations
The Dallas Court of Appeals recently all but held that a non-resident officer and director of a Texas corporation is subejct to personal jurisdiction in Texas. After reviewing the law on personal jurisdiction, the court decided that there was no general jurisdiction over the defendants who were California residents.
Turning to specific jurisdiction, the court
Supreme Court Limits Entitlement to Attorney’s Fees
The Texas Supreme Court recently narrowed the right to attorney’s fees based on uncontroverted evidence. The Court held that compentent, uncontroverted, unchallenged evidence of attorney’s fees does not entitle a party to an award of attorney’s fees as a matter of law. Distinguishing its opinion in Ragsdale v. Progressive Voters League, the Court held
Texas Supreme Court Addresses Attorney’s Fees as Damages
The Texas Supreme Court recently held that a malpractice plaintiff may recover attorney’s fees incurred in a prior suit if those fees were proximately caused by counsel’s negligence. In this long and complex malpractice case, the plaintiff, NDR, sued Akin Gump for malpractice. The jury rendered a verdict for NDR and awarded damages, including damages
Dallas Court of Appeals Gets New Chief
Governor Rick Perry appointed Justice Carolyn Wright to succeed Chief Justice Linda Thomas on the Fifth Court of Appeals at Dallas effective October 31, 2009. Justice Wright will be the first African American to serve as chief justice of any intermediate appellate court in Texas. The press release can be found here.
Agreed Venue in a Major Transaction–Not So Fast
The Dallas Court of Appeals recently held that the major transaction exception to the prohibition on venue agreements only applies if the value of the transaction is contained in the agreement itself. In this original proceeding, the parties entered into a settlement agreement involving real estate in which the parties agreed that venue of any dispute
Upcoming Appellate CLEs
On Thursday, October 1, 2009, the Appellate Sections of the Dallas, Tarrant, and Collin County Bar Associations will present "Practice Tips fron the Clerk’s Office" and "A Candid Conversation between Appellate Judges and Lawyers." The CLE is scheduled from 4:30-6:00 p.m. at the Omni Hotel, 1300 Houston Street in Fort Worth,
Are Some Local Rules in Jeopardy?
The Dallas Court of Appeals recently held that local rules that are inconsistent with the TRCP are not enforceable. The case involved a summary judgment response that was supposedly filed and served seven days prior to the summary judgment hearing. The trial court struck the response for failure to comply with Dallas Local Rule 2.05. Local Rule 2.05 requires that documents relating to matters set within seven days of filing must be served in a manner to ensure receipt by the opposing party the same day the papers are filed. The opinion does not mention how the document was filed or served. Relying on TRCP 3a, the court of appeals held that Local Rule 2.05 was not enforceable to the extent it mandates a different "type of service than that prescribed by rule 21a."
Does Local Rule 2.05 really require a "different type of service"? It seems to do no more than ensure that in the event a party hand delivers a response or reply to the court, it will deliver the documents to its opponent in a similar manner thus avoiding the situation in which the court receives a document and has time to review it prior to the hearing but the opposing party does not. I thought the Texas Supreme Court reviewed and approved local rules? If so, why? The court’s opinion in Esty v. Beal Bank S.S.B. can be found at this link. Other local rules may be affected as discussed below. Continue Reading Are Some Local Rules in Jeopardy?
Object to Undefined Terms in Jury Charges
The Dallas Court of Appeals recently held that undefined terms in jury charges must be given their "commonly understood meaning." The Court noted that neither party objected to the lack of a definition. As a result, the Court held that there was legally sufficient evidence to support the jury’s verdict based on the common understanding