I had the privilege and pleasure of speaking to the Dallas Bar Association Appellate Law Section on the subject of superseding judgments in Texas state courts. In connection with that continuing legal education presentation, I prepared a written paper and a powerpoint presentation. I am making those resources publicly available here:
Civil Procedure
Continuing Education on Superseding State Court Judgments
By Mike Northrup on
Posted in Civil Procedure, News and Events
On Thursday, June 16, 2022, at 12:00pm, I have the pleasure of presenting a continuing education program to the Dallas Bar Appellate Law Section at the Arts District Mansion (2101 Ross).
I will be speaking on one of my favorite subjects, superseding judgments in Texas state courts. The presentation will focus on the basics…
Superseding a Judgment for an Interest in Property
By Mike Northrup on
Posted in Civil Procedure, Statutory interpretation
In the case of a judgment for recovery of an interest in real or personal property, the trial judge must determine the amount of security required to suspend enforcement of the judgment during appeal. Texas Appellate Rule 24.2(a)(2) requires that the amount must be at least
(A) the value of the property interest’s rent or…
Section 18.001 Counter-affidavit Update
By Mike Northrup on
Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit. Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of…
Authenticating Public Records
By Mike Northrup on
Posted in Civil Procedure, Evidence
Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved. Yet these questions routinely arise in the trial courts and are fundamental to trial practice. The Texas Supreme Court recently examined an evidence question involving the admissibility of public records.
In Fleming v. …
Superseding Prejudgment Interest
By Mike Northrup on
Posted in Civil Procedure
At a recent continuing education seminar, one of the presenters stated as a fact that amounts awarded in a judgment for prejudgment interest do not need to be included in the amount of a supersedeas bond. The presenter cited the Texas Supreme Court’s opinion in In re Nalle Plastics Family Ltd. Partnership, 406 S.W.3d…
Texas Supreme Court Jurisdiction over Granted Petitions
By Mike Northrup on
The Supreme Court of Texas handed down an opinion in Regent Care of San Antonio, L.P. v. Detrick in early May. The main holding in the case addresses the application of a settlement credit. But one short paragraph at the end of the opinion has appellate practitioners talking.
The paragraph in question states:
“Regent Care
…
Section 18.001 Affidavits: There’s a Storm Brewing…
By Mike Northrup on
Often one of the biggest disputes at trial relates to the value of services that a claimant seeks to recover from the opposing party. At least for routine cases, the form and manner of proving the value of those services is made easier by statute, but when the value of the services is contested, things…
Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts
By Sim Israeloff on
Posted in Civil Procedure, TCPA Anti-SLAPP
Resolving a longstanding uncertainty in federal district courts, the Fifth Circuit has held that the Texas Citizens Participation Act (TCPA) conflicts with federal procedural rules and therefore does not apply in diversity cases.
Continue Reading Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts
Does Texas follow the “sham affidavit” doctrine?
By Mike Northrup on
Posted in Civil Procedure, Summary Judgment
A “sham affidavit” has been described as referring to an affidavit in which an affiant offers sworn testimony that contradicts the affiant’s prior, sworn testimony on a material point and the affiant gives no explanation in the affidavit for the change in the testimony. The scenario of the “sham affidavit” arises with great frequency in Texas summary judgment practice. Because many district courts and intermediate appellate courts refuse to give credence to such an affidavit, many motions for summary judgment have been granted and upheld.
Continue Reading Does Texas follow the “sham affidavit” doctrine?