Will the Dallas Court of Appeals grant oral argument to both sides of an appeal when only one party has requested it? For the answer to that question, check out the Court’s Internal Operating Procedures. The answer might surprise you. The Dallas Court of Appeals has posted its IOP’s as of September 1, 2008
U.S. Supreme Court Reviews Judicial Recusals in Elective Judicial Systems
The U.S. Supreme Court has agreed to consider the case of Caperton v. A.T. Massey Coal Company, involving a judicial recusal in West Virginia where judges are elected. The precise question presented is "whether Justice Benjamin’s failure to recuse himself from participation in his principal financial supporter’s case violated the Due Process Clause of
Commingling of Theories under Casteel
The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error. In this medical negligence case, the alleged charge error relates to whether the trial court should have submitted an issue asking whether the plaintiff was contributorily negligent or whether the plaintiff’s acts raised mitigation of damages questions. The majority concludes that it
Mandamus Procedure Changes
With its opinion in In re Butler, the Dallas Court of Appeals reminds us that there has been an important change to mandamus procedure. Appellate Rule 52.3 was amended effective September 1, 2008, and now requires a certification by the person filing the petition for writ of mandamus that he or she has reviewed
Best (Little) Evidence Rule applies only to Texas documents. Really?
Here’s an interesting factoid you can make use of to amaze and astound your opposing counsel. The Best Evidence Rule, Texas Rule of Evidence 1002, applies only when the the originals are located in Texas. It’s true. It surprised me too.
Kerlin v. Arias, a per curiam opinion issued by the Texas Supreme Court
Notice of appeal not required to name all orders
Following rendition of a final, appealable judgment, does a notice of appeal have to name all preceeding interlocutory orders as a prerequisite to complaining of those orders? Apparently not. This has been a question of concern for many appellate practitioners and it’s a question that’s been percolating around in the courts of appeals. We now
Continuing Education Opportunities
We want to announce some upcoming continuing education opportunities of interest to Appellate Practitioners.
The Dallas Bar Association, Appellate Law Section will have its monthly noon CLE on Thursday, November 20, 2008. The keynote speaker is David Horan of Jones Day who will speak about Federal Interlocutory appeals. Casey Kaplan of the K&L Gates firm will be the introductory speaker. The meeting will occur at the Belo Mansion in Dallas, Texas.
The Collin County Bar Association will meet at noon on Friday, November 21, 2008. The speaker will be Greg Lensing, Staff Attorney for the Dallas Court of Appeals, who will speak on Special Appearances and Personal Jurisdiction in Texas. The meeting will be held at Ralph & Kacoo’s on Central Expressway in Allen, Texas.
Other upcoming seminars for Appellate Practitioners are listed below:Continue Reading Continuing Education Opportunities
Election results from appellate court races
Texas voters elected (or re-elected) a slate of judges in the state on Tuesday. Last week we posted a list of the appellate court races in the state.
A list of the winners in those appellate court races is displayed below. The final, official figures are not yet posted, but most of these outcomes are unlikely to change.
For additional statewide results, check with the Texas Secretary of State’s election’s webpage.
Continue Reading Election results from appellate court races
Get Informed and VOTE!
We elect our judges in Texas. We can debate the pros and cons of selecting judges by election, but that doesn’t change the fact that we are in the middle of an election now. Early voting goes through Friday, October 31st. You can vote at any early voting location and all you need to vote is a valid driver’s license. If you can’t vote early or don’t want to, Election Day is Tuesday, November 4th. To find your polling place for election day, follow this link.
Under this system of judicial selection, the best way to ensure selection of quality judges is an informed electorate. To that end, here’s a list of appellate candidates for judicial office with links to help you better educate yourselves.
Tarrant County Appellate Law Section Honors Justice Holman
On Tuesday, November 4, 2008, the Tarrant County Appellate Law Section will be honoring retiring Justice Dixon Holman. The luncheon to honor Justice Holman will take place at the Petroleum Club beginning at noon.
The cost is $20 for members and $22 for non-members and walk-ins.
RSVP to Sherry at 817-338-4092 or sherry@tarrantbar.org