The Texas arbitration statutes contemplate that a trial court has jurisdiction to issue an injunction in support of an arbitration. So what happens if the trial court issues a temporary injunction but the form of the injunction does not (and cannot) comply with Rule 683? According to the Dallas Court of Appeals, Rule 683 takes a
Dominant Jurisdiction and Mandamus Relief
Since 1985, the test for whether a writ of mandamus will issue in connection with a trial court’s refusal to grant a plea in abatement under the doctrine of dominant jurisdiction has required proof of an active interference by one court with the jurisdiction of another court. The loosening of mandamus standards does not appear
Vicarious liability under Chapter 33
The Dallas Court of Appeals has explained how to submit jury questions for negligence of employees for whose conduct employers may be held vicariously liable.
In Janga v. Colombrito, two defendant doctors appealed an adverse jury verdict and complained that the trial court had not submitted the liability of two nurses as part of
Don’t Mess With Texas (Court of Appeals’ Jurisdiction)
The Fort Worth Court of Appeals recently held that it was error for a trial court to order that an attorney not file a notice of appeal until his client directed him to do so. After trial, Relator’s counsel sought to have appellate counsel substiuted in for any possible appeal. The Texas Department of Protective and Regulatory
Reverse supersedeas can’t deny effective appeal
The Dallas Court of Appeals has held that Appellate Rule 24.3(a)(3) cannot be invoked to allow an Appellee to provide a "reverse supersedeas bond" when doing so denies an Appellant its appeal.
In Hydroscience Technologies Inc. v. Hydroscience Inc., Hydroscience, Inc. obtained a declaratory judgment declaring that it owned shares of preferred stock in
No Mandamus against a JP
The Amarillo Court of Appeals dismissed a Petition for Writ of Mandamus against a justice of the peace because a court of appeals does not have jurisdiction to issue a writ of mandamus against a justice of the peace.
In In re Smith, the relators sought a writ of mandamus against a justice of
Split of Authority Regarding Superseding Attorney’s Fees On Appeal
The Dallas Court of Appeals, in an opinion by Chief Justice Carolyn Wright (left), recently held that attorney’s fees awarded in a judgment need not be superseded on appeal. In an opinion last year also by Chief Justice Wright, the Dallas Court held that attorney’s fees awarded in a breach of contract case were not "compensatory damages," and
Tip of the Week: Oral Argument Requests in the Dallas COA
When I don’t want oral argument or don’t think it is necessary, my standard operating procedure has been to (1) put nothing regarding oral argument on the front cover of my brief, and (2) include a Statement Regarding Oral Argument in the brief explaining why it has not been requested but adding a statement that, if the Court
Is “Man’s Best Friend” Mere Property, or of Special Value
The Fort Worth Court of Appeals has held that a party may recover for the loss of companionship or sentimental value of a dog.
In Medlen v. Strickland, the Medlens’ dog escaped and was picked up by animal control. The animal shelter represented to the Medlens that they would put a "hold" on the
Calculation of Net Worth Excludes the Judgment
The Dallas Court of Appeals has held that a trial court did not abuse its discretion by excluding the amount of the judgment appealed from the judgment debtor’s net worth calculation for purposes of a supersedeas bond. What is different from this opinion than from a prior opinion we blogged about is that in this