In Shaw v. Radionic Industries, Inc., the plaintiff moved for summary judgment against the pro se defendant on a claim for a suit on a sworn account. The court set a hearing for the motion on April 2, 2007. Later, the plaintiff sent a transmittal letter dated March 22, 2007 to the defendant to
Opinions & Judgments
Bond Forfeiture Cases Are Criminal, Not Civil
By Byron Henry on
Posted in Opinions & Judgments
In a dispute over the assessment of costs on appeal, the Houston (First) Court of Appeals recently held that bond forfeiture cases are criminal as opposed to civil. Accordingly, the court redesignated the two appeals at issue as criminal cases with the abbreviation "CR." But for those hoping to avoid civil filing fees as a…
Judicial Estoppel vs. Judicial Admission
By Byron Henry on
Posted in Opinions & Judgments, Summary Judgment
The Beaumont Court of Appeals recently addressed the difference between judicial estoppel and a judicial admission. Plaintiff filed a claim with the EEOC and brought suit against defendant for gender discrimination. After her federal suit was dismissed, she sued the defendant in state court for unlawful termination based on her refusal to perform an illegal act. …
Enhancement of Attorney’s Fees Based on Extraordinary Results
By Byron Henry on
Posted in Opinions & Judgments
Howard Bashman over at How Appealing had a post yesterday regarding an Eleventh Circuit decision denying a petition for rehearing en banc on the issue of whether obtaining an extraordinary result justifies increasing attorney’s fees awarded under various federal statutes. The order denying rehearing en banc, with multiple dissents, can be found at this link. The orginal panel…
Party Ordered to Sign Medical Records Authorization
By Byron Henry on
The Amarillo Court of Appeals recently held that a party may be ordered to sign a medical records authorization in response to a request for disclosure pursuant to TRCP 194.2. The defendant served a request for disclosures including a request for execution of an authorization to release medical records under Rule 194.2(j). The plaintiffs argued they could respond by…
Preserving Error When Trial Court Refuses to Rule on Motion
By David Oliveros on
Posted in Opinions & Judgments
What is the proper procedure to preserve error when a trial court refuses to rule on a motion for default judgment?
In Old Republic Insurance Co. v. Sisavath, the trial court refused to rule on the plaintiff’s motion for default judgment and eventually dismissed the case for want of prosecution.
On appeal, the plaintiff argued…
Pro Se Letter Waived Special Appearance
By Byron Henry on
Posted in Opinions & Judgments, Special Appearance
The Dallas Court of Appeals held that a pro se letter from an Illinois resident denying liability and requesting an extension of time to retain counsel and file a "complete answer" waived the defendant’s subsequent special appearance. The defendant argued that the letter did not consitute an answer. The court held that the letter constituted an answer. …
Suit to Remove Lis Pendens Involves Interest In Land
By Byron Henry on
Posted in Opinions & Judgments, Venue
In a case involving application of the mandatory venue provision in section 15.011 of the Texas Civil Practice and Remedies Code, the Dallas Court of Appeals held that a suit to remove a lis pendens constitutes an action to quiet title. The Court, therefore, held that "[o]nce it is demonstrated that the court’s judgment would have…
Question Regarding Mandate
By Byron Henry on
Posted in Appellate Rules
To all you appellate gurus out there, here’s an appellate procedure question: When does the court of appeals’ mandate issue when the Texas Supreme Court has denied a petition for review and subsequently denied a motion for rehearing of the petition for review?
TRAP 18 controls issuance of the appellate mandate. The timetable is based…
Society of Engineers Lacks Standing to Sue State Architecture Board
By Byron Henry on
Posted in Opinions & Judgments
In a longstanding dispute over which agency has the authority to regulate engineers, the Austin Court of Appeals recently held that the Texas Society of Professional Engineers (Society) lacked standing to bring suit against the Texas Board of Architectural Examiners (Board) on behalf of its members because it failed to meet the test for associational standing. …