Insight & Commentary on Texas Appellate Law
The Dallas Court of Appeals recently issued an opinion dealing with two recurring topics: the property owner rule and timely designation of experts. In this foreclosure case, the Court addressed market value testimony by four witnesses. In doing so, the Court applied TRCP 193.6 and the property owner rule.
First, the Court addressed two expert…
The Dallas Court of Appeals granted a petition for writ of mandamus in a case in which the trial court ordered production of a personal computer hard drive and e-mail account.
Misty Jordan sued Gajekse, Inc. alleging that she was subjected to a hostile work environment and then fired for reporting it. The trial court…
The Tyler Court of Appeals recently confirmed that individual federal tax returns are discoverable to the extent they are relevant and material. In this case, the tax returns were relevant to the claims and the court found that the parties had agreed to the production of the returns. But that was not the end of the matter. …
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…
In this mandamus action, the Eastland Court of Appeals held that federal tax returns are not relevant or material to the issue of the defendant’s net worth. While the court of appeals held that a plaintiff seeking exemplary damages need not make a prima facie showing of entitlement of exemplary damages in order to obtain discovery on…
