‘Appellate Rule 42.1’ ‘agreed motion’ settlement
Continue Reading Be careful with your settlement agreements…
Opinions & Judgments
Oral Hearing Required on a Motion to Reinstate
In Resurgence Financial, L.L.C. v. Foster, the Dallas Court of Appeals followed and applied the Texas Supreme Court‘s opinion in Thordson v. City of Houston. From the moment that Resurgence filed its suit the trial court notified Resurgence that the case would be placed on the dismissal docket unless an answer were…
Voidable Agreement Negates Specific Contacts Jurisdiction
‘personal jurisdiction’ ‘special appearance’ voidable ‘disciplinary rules’…
Continue Reading Voidable Agreement Negates Specific Contacts Jurisdiction
Capacity to Contract is Issue for Courts, Not Arbitrators
In a case of first impression the Texas Supreme Court recently held that the issue of whether a party has the mental capacity to contract is an issue for courts, not arbitrators. The Court traced the history of the so-called "separability" spawned by the United States Supreme Court’s decision in Prima Paint Corp. v. Conklin Manufacturing Co.…
Campaign finance and judicial disqualification
The United States Supreme Court’s recent opinion in Caperton v. A.T. Massey Coal Co., raises some unique questions for our own system of electing judges in Texas. Justice Kennedy, writing for the majority, holds that the campaign contributions of the chairman of the board and president of Massey Coal toward the campaign of a West Virginia Supreme Court candidate raised “the probability of actual bias ris[ing] to an unconstitutional level.” The majority gives little bright-line guidance for future cases, but in apparent recognition of the precedential implications of its holding, the majority is careful to emphasize the extreme nature of the facts of the case, including that the Massey chairman donated the maximum personal contribution to the candidate and $2.5 million to a political PAC, and those donations accounted for more than two-thirds of the total funds raised. The contributions were more than the total amount spent by all other supporters for the candidate.
The dissent, written by Chief Justice Roberts, expresses concern at extending due process to application of judicial disqualification. Instead, the dissent suggests that disqualification is a matter more properly left to the states to regulate by statute or rule. By extending due process to matters of disqualification, the dissent warns that the majority may actually undermine concerns for the need to maintain a fair, independent and impartial judiciary. The Court’s opinions may be found at this link.Continue Reading Campaign finance and judicial disqualification
Responsible Third Parties and Statutes of Repose
A few weeks ago I wrote about an opinion issued by the Fort Worth Court of Appeals, wherein that court held that Civil Practice and Remedies Code Section 33.004(e) applied to a statute of repose to revive the claims against a responsible third party. Click here for that discussion. I questioned whether Section 33.004(e)’s…
Split Court Costs When It’s A Tie?
Court Costs…
Continue Reading Split Court Costs When It’s A Tie?
Surety Bonds vs. Cash Deposits
The Houston (First) Court of Appeals recently issued an interesting opinion regarding perfection of an appeal from a small claims court to a county court at law. The appellant failed to timely file an appeal bond within ten days of the judgment pursuant to to TRCP 571. Instead, the appellant "deposited $5,000 in cash .
Dallas Court Says No to Depo of President Bush
The Dallas Court of Appeals held that plaintiffs were not entitled to take the depositions of George W. and Laura Bush in relation to the ongoing dispute over the location of the proposed Bush Presidental Library. The Court stated:
For reasons of comity and the policy considerations discussed in [United States v.]Poindexter, we
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To Specially Except or Not Specially Except Grounds for Summary Judgment
When should a party specially except to the grounds of a summary judgment motion? Should the non-movant specially except when the grounds are ambiguous? Or if the grounds are not expressly present?
The Dallas Court of Appeals addressed this issue in Garza v. CTX Mortgage Company, LLC.
The Garzas sued CTX for various causes…
