Insight & Commentary on Texas Appellate Law
Apparently the Dallas Court of Appeals is Pro-choice. At least when it comes to a Plaintiff’s choice of forums.
In Signature Management Team, LLC v. Quixtar, Inc., the Dallas Court of Appeals determined that the trial court abused its discretion when it dismissed a case under the doctrine of forum non conveniens even though some substantive and probative evidence existed to support the court’s decision.Continue Reading Dallas Court of Appeals Favors Plaintiff’s Choice of Forum
The simple answer is yes, they do. See Texas Rule of Civil Procedure 162.
But the defendant’s pleading must allege a cause of action independent of the plaintiff’s claims on which the defendant can recover. If a defendant fails to do so, then the plaintiff has an absolute right to a non-suit of all claims, as the Dallas Court of Appeals demonstrated in In re Metropolitan Lloyds Insurance Company of Texas.Continue Reading Do counterclaims survive when a plaintiff non-suits?
Assume a foreign insurance company provides auto insurance cards that specifically cover accidents both in the home country and the United States. If a car accident occurs in Texas, can the insurer avoid personal jurisdiction in the suit by alleging that it did not purposefully avail itself to Texas?
This was the issue before the Dallas Court of Appeals in Assurances Generales Banque Nationale v. Dhalla.Continue Reading In case you’re ever in a car accident with someone insured by a foreign insurance company…
Under Rule 28, is pleading the name of a popular location where a business is located sufficient to name an entity?
This was the issue in Seidler v. Morgan, a recent Texarkana Court of Appeals case.
While vacationing at Fish Creek Ranch located in Dolores, CO, the plaintiff fell from a horse and dislocated her…
A court appointing a receiver has exclusive jurisdiction over property subject to the receivership. When does the court’s exclusive jurisdiction end? The court must either relinquish its jurisdiction or order the receiver to restore the property to those entitled to it.
Proper relinquishment of exclusive jurisdiction was the main issue of a recent San Antonio Court of Appeals case: Chimp Haven, Inc. v. Primarily Primates, Inc. You can read the opinion here.
Continue Reading Court Doesn’t Monkey Around With Exclusive Jurisdiction
As some of you may already know, this year America is celebrating the bicentennial of Abraham Lincoln’s birth.
To that end, the Writer’s Studio/Writer’s Garret is sponsering a free event. Come hear historian James McPherson discuss Tried by War: Abraham Lincoln as Commander in Chief, a celebration and tribute to the life of Abraham…
Urban Television Network Corp. v. Creditor Liquidity Solutions, L.P., No. 05-07-01629-CV.
Westar Satellite Services, L.P. and Urban Television Network Corporation entered into a five year services agreement. The agreement contained a liquidated damages clause. After two years, Urban Television defaulted on its obligations and Westar sued to enforce the liquidated…
Cleantech filed a suit on sworn account on July 10, 2007, against Eugene Owens. On August 13, 2007, Mr. Owens handwrote and signed a letter to the court that stated "Please be advised I am employing an attorney for case number 07-1267-336." Mr. Owens included his address on the letter, but he did not include a…
In Shaw v. Radionic Industries, Inc., the plaintiff moved for summary judgment against the pro se defendant on a claim for a suit on a sworn account. The court set a hearing for the motion on April 2, 2007. Later, the plaintiff sent a transmittal letter dated March 22, 2007 to the defendant to…
What is the proper procedure to preserve error when a trial court refuses to rule on a motion for default judgment?
In Old Republic Insurance Co. v. Sisavath, the trial court refused to rule on the plaintiff’s motion for default judgment and eventually dismissed the case for want of prosecution.
On appeal, the plaintiff argued…
