Insight & Commentary on Texas Appellate Law
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…
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…
The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine.
Under the absurdity doctrine a court will construe a statute by applying the plain meaning of the words used unless it would lead to absurd…
