Yours truly–Mike Northrup–will be speaking to the Dallas Bar Association Appellate Law Section at noon on September 17, 2015, at the Belo Mansion. The title of the presentation will be “Just a Spoonful of Supersedeas Makes the Judgment go Down.” Drop in and hear the answer to what Julie Andrews and supersedeas bonds
Supersedeas Pendulum Swings Toward Judgment Debtors
The Supreme Court of Texas has clarified the phrase “compensatory damages” as used in the supsersedeas statute (Civil Practice and Remedies Code Section 52.006) and Appellate Rule 24. In In re Longview Energy Company, the court held that disgorgement damages are not compensatory damages and therefore need not be superseded to stay enforcement
Discretion to issue “superdupersedeas” against the State
The Supreme Court of Texas has recognized the discretion of a trial court judge to deny the State of Texas automatic supersedeas in cases involving non-monetary judgments pursuant to Texas Rule of Appellate Procedure 24.2(a)(3).
In In re State Board for Educator Certification, a schoolteacher challenged the State Board for Educator Certification’s revocation
Dallas weighs in on no-evidence summary judgment procedure
The Dallas Court of Appeals has written a couple of recent significant opinions addressing no-evidence summary judgment practice.
In the first opinion, the en banc court considered a no-evidence motion that listed the elements of the claim at issue and then asserted that there was no evidence of "one or more" elements of the plaintiff’s
Conflicts in Summary Judgment Practice
I recently presented a continuing education seminar focusing on current issues in state summary judgment practice. As a result of that presentation, the Dallas Court of Appeals‘ holding in Bastida v. Abel’s Mobile Home Service, Inc., came to my attention. In that case, the trial court granted a summary judgment in favor of
Summer CLE in the Windy City
The DRI is sponsoring an Appellate Advocacy seminar in Chicago on July 18th and 19th.
Highlights of the seminar include a moot argument, discussions on embedded appellate counsel at trial, in-house perspectives on appellate practice, and building an appellate practice. Former Supreme Court Chief Justice Wallace Jefferson and current Supreme Court Justice Eva Guzman are
Retirement News-Justice Jim Moseley
We were saddened to receive news this week that Dallas Court of Appeals Justice Jim Moseley has announced that he will be retiring at the end of August. Justice Moseley has served on the court of appeals with great distinction for 18 years. He has been a contributor to various CLEs on important topics such
Legal Writing CLE
The Dallas Bar Association’s Appellate Law Section and Business Litigation Section are sponsoring a joint continuing education seminar on Tuesday, June 3, 2014, from 12:00pm to 2:00pm at the Belo Mansion. The session will be led by Professor and best-selling author Paul Hendrickson. Professor Hendrickson presented a similar program last year that was
New Fifth Circuit Judge Confirmed
On Tuesday, March 20th, 2014, the United States Senate voted unanimously to confirm President Obama’s nomination of Greg Costa to the Fifth Circuit Court of Appeals. Judge Costa previously was appointed as a federal district judge for the Southern District of Texas, Galveston Division, in April of 2012. Prior to his appointment to
Appellate CLE: Supersedeas
The Dallas Bar Association‘s Appellate Law Section will meet Thursday, May 15, 2014, at noon. This month’s speaker is Daniel Huckabay of Commercial Surety Bond Agency. Mr. Huckabay will be speaking on a topic near and dear to my heart, "Nuts and Bolts of Supersedeas Bonds." He will cover topics such as