Insight & Commentary on Texas Appellate Law
The Amarillo Court of Appeals recently confronted an issue not addressed by the appellate rules. While Rule 38.8(a) applies in the event the appellant fails to file a brief, the rules are silent with respect to an appellee’s failure to do so. The Court weighed its options:
Appellees’ failure to file a brief leaves this
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The Corpus Christi Court of Appeals recently held that a respondent is entitled to notice and an evidentiary hearing before having its counsel disqualified. First, the court determined it had jurisdiction to issue a writ of mandamus against a presiding judge of a administrative judicial district because the judge was acting in the capacity of…
In a dispute over the assessment of costs on appeal, the Houston (First) Court of Appeals recently held that bond forfeiture cases are criminal as opposed to civil. Accordingly, the court redesignated the two appeals at issue as criminal cases with the abbreviation "CR." But for those hoping to avoid civil filing fees as a…
The Beaumont Court of Appeals recently addressed the difference between judicial estoppel and a judicial admission. Plaintiff filed a claim with the EEOC and brought suit against defendant for gender discrimination. After her federal suit was dismissed, she sued the defendant in state court for unlawful termination based on her refusal to perform an illegal act. …
Howard Bashman over at How Appealing had a post yesterday regarding an Eleventh Circuit decision denying a petition for rehearing en banc on the issue of whether obtaining an extraordinary result justifies increasing attorney’s fees awarded under various federal statutes. The order denying rehearing en banc, with multiple dissents, can be found at this link. The orginal panel…
The Amarillo Court of Appeals recently held that a party may be ordered to sign a medical records authorization in response to a request for disclosure pursuant to TRCP 194.2. The defendant served a request for disclosures including a request for execution of an authorization to release medical records under Rule 194.2(j). The plaintiffs argued they could respond by…
The Dallas Court of Appeals held that a pro se letter from an Illinois resident denying liability and requesting an extension of time to retain counsel and file a "complete answer" waived the defendant’s subsequent special appearance. The defendant argued that the letter did not consitute an answer. The court held that the letter constituted an answer. …
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…
To all you appellate gurus out there, here’s an appellate procedure question: When does the court of appeals’ mandate issue when the Texas Supreme Court has denied a petition for review and subsequently denied a motion for rehearing of the petition for review?
TRAP 18 controls issuance of the appellate mandate. The timetable is based…
In a longstanding dispute over which agency has the authority to regulate engineers, the Austin Court of Appeals recently held that the Texas Society of Professional Engineers (Society) lacked standing to bring suit against the Texas Board of Architectural Examiners (Board) on behalf of its members because it failed to meet the test for associational standing. …
