In a mandamus setting, it can sometimes be a challenge to ensure that you’ve brought forward all the documents and hearing transcripts required to establish an abuse of discretion. The Houston Fourteenth District Court of Appeals has suggested the record in a death penalty sanctions case may need to be fairly comprehensive. In In re
Summary Judgment Affidavits: Form vs. Substance
The difference between defects in the form of an affidavit versus defects in substance is not always clear and the appellate courts have not always agreed on what is substantive and what is not. But the difference can be important. As the Dallas Court of Appeals points out in Stone v. Midland Multifamily Equity Reit
New York Announces New Recusal Rule
The Chief Justice of New York’s highest court, Jonathan Lippman, is receiving accolades from his announcement this week that the Administrative Board of Courts has proposed a new rule to address when judges must recuse themselves when those appearing before them have contributed money to their campaigns. The proposed rule was announced as part
Chapter 74 Health Care Liability Claims
We have a pair of starkly conflicting opinions recently issued by the Dallas Court of Appeals in the arena of Health Care Liability claims to report. In one, the court applies the well-settled principle that a plaintiff’s pleadings do not determine whether a claim is a health care liability claim and the court applies the Texas Supreme Court’s analysis in Marks v. St. Lukes Episcopal Hospital to the legal determination of whether the claim is a health care liability claim. In the second case, the court does not mention the Marks test, and holds that the plaintiff’s pleadings do determine whether a claim is a health care liability claim.
Be Careful What You Ask For…
Parties seeking to appeal from an adverse judgment should be wary of requesting or otherwise approving the very judgment they intend to appeal. In Sincerely Yours LP v. NCI Building Systems LP, Sincerely Yours obtained a favorable verdict on liability but wanted to appeal the exclusion of certain testimony relating to the extent of its
Chief Justice Joe R. Greenhill dies
We at reverseandrender.com mourn the passing of former Chief Justice Joe R. Greenhill, who served on the Texas Supreme Court for 25 years. The press release from the Texas Supreme Court announcing Justice Greenhill’s death may be found here.
Upcoming CLE Opportunities
Here are a couple of Continuing Education opportunities for appellate practitioners:
On Thursday, February 17th at Noon, Chief Justice Wallace Jefferson will speak to theDallas Bar Association Appellate Law Section on the "State of the Texas Supreme Court." The event will take place at the Belo Mansion as part of the the Appellate Law
Demise of Interlocutory Appeal of Temporary Injunctions?
If you’ve got a pending interlocutory appeal from a temporary injunction, or if you are considering filing such an appeal, you will want to pay attention to this.
The Dallas Court of Appeals has held that interlocutory appeals of temporary injunctions should be dismissed because they seek advisory opinions. In Dallas/Fort Worth International Airport Board v. Association of Taxicab Operators, USA, the Association of Taxicab Operators sought temporary and permanent injunctive relief against the Airport Board’s new airport policy favoring taxicabs with dedicated CNG-powered engines. After the trial court granted a temporary injunction, the Airport Board appealed. Notably, at the oral argument, the court of appeals panel asked about the status of the trial on the permanent injunction and the parties advised the court that they had agreed to continue the case because of the pendency of the appeal of the temporary injunction.Continue Reading Demise of Interlocutory Appeal of Temporary Injunctions?
Dallas Bar Association, Appellate CLE
On Thursday, January 20, 2011, at Noon, David Horan of the Jones Day law firm, will speak at the Belo Mansion on the subject of "Gould v. U. S.: How A Routine Pro Bono Criminal Appeal Resulted in a Trip to the Supreme Court." This CLE is hosted by the Dallas Bar Association
Mickey, Minnie AND CLE!
Where can you go to explore the cultures of other countries, visit with Mickey and Minnie, ride stomach-turning rides AND get Appellate CLE credits? The DRI‘s Appellate Advocacy Seminar on March 10-11, 2011, in Orlando, Florida, of course. The organizers have put together a live moot court demonstration with feedback from a panel of