The San Antonio Court of Appeals has issued an interesting opinion in a mandamus proceeding involving what is described as an unsuperseded judgment. In In re Romero, Gonzalez & Benavides, L.L.P., there was a dispute between the law firm of Romero, Gonzalez & Benavides (RG&B) and attorney Mark Cantu regarding the right to a
Reverse and Render Welcomes Dallas’ Newest Appellate Judge
Governor Perry has appointed Robert M. Fillmore to fill the seat on the Dallas Court of Appeals that was recently vacated by Justice Amos Mazzant. Fillmore comes to the court of appeals from Hunton & Williams, LLP. According to his recently-updated resume, his background is in regulatory law. His appellate experience is described as
CLE Opportunities
The Dallas Bar Association Appellate Law Section will be having its monthly lunch meeting at noon on Thursday, May 21st at the Belo Mansion. The keynote speakers are Assistant U.S. Attorneys Wes Hendrix and Leigha Simonton, who will speak on "Lessons for a Serial Fifth Circuit Litigant"
Also, the section will feature Texas Supreme Court
Texas Open Meetings Act vs. the First Amendment Rights of Elected Officials
This entry comes to us courtesy of Sim Israeloff.
Many elected officials in Texas, including most who are elected to city councils and school boards, serve as citizen volunteers without pay. Newly elected officials are sometimes surprised to find that their actions and speech are now restricted by statutes such as the Texas Open Meetings Act (TOMA). The Fifth Circuit Court of Appeals has now weighed in on whether elected officials carrying out their official duties retain the same First Amendment protections on speech as private citizens.
Continue Reading Texas Open Meetings Act vs. the First Amendment Rights of Elected Officials
Personal Jurisdiction and the Fidiciary Shield Doctrine
The Dallas Court of Appeals has added another opinion to the stack of authority recognizing and applying the corporate fiduciary shield doctrine. In Nichols v. Lin, Nichols brought suit for breach of contract against Tseng Lin, YJ USA, and others. Nichols sought to hold Lin responsible for the breach on a theory of alter
Written opinions — How “brief” is practicable but still addresses every issue raised and necessary?
Challenging an Order on a Contest to an Affidavit of Indigency
Must an appellant who seeks to appeal a trial court’s order sustaining a challenge to the appellant’s affidavit of indigency file a separate notice of appeal? Answer: It depends on which court of appeals the appeal is in.
The San Antonio Court of Appeals has held that it is not necessary for an appellant to
Open Records Act and its Application to E-mail
The more time you spend studying City of Dallas v. Dallas Morning News, the more I.Q. points you lose. This case may be more important for what it doesn’t answer than for what you hope it will answer.
The primary issue in this appeal is whether e-mails that are sent to and from private e-mail addresses of the Mayor and other city officials and which involve matters of official public business, are public information and subject to the Texas Open Records Act.Continue Reading Open Records Act and its Application to E-mail
Statutory Construction and Legislative Resolutions
All those "whereas" clauses in congressional resolutions amount to nothing, according to the U.S. Supreme Court.
In 1993, the U.S. Congress passed a joint resolution expressing its deep regret to native Hawaiians insofar as the United States’ overthrow of the Kingdom of Hawaii. Contained within the resolution was an apology to the Hawaiian people, which acknowledged
The Digital Revolution is Coming to State Appellate Practices
On Friday, April 17th and Saturday, April 18th, the Texas Supreme Court Rules Advisory Committee will be meeting to discuss proposed changes to the Texas Rules of Procedure. Among the proposed changes are changes that will permit electronic filings in the appellate courts.
For more information on the location and time of the meeting, click