Insight & Commentary on Texas Appellate Law
Must an appellant who seeks to appeal a trial court’s order sustaining a challenge to the appellant’s affidavit of indigency file a separate notice of appeal? Answer: It depends on which court of appeals the appeal is in.
The San Antonio Court of Appeals has held that it is not necessary for an appellant to…
This week the federal Fifth Circuit Court of Appeals issued an opinion in connection with a Petition for Leave to Appeal solely to remind district judges (and presumably practitioners) to demonstrate that the standards governing interlocutory appeals under 28 U.S.C. Section 1292(b) have been met.
Section 1292(b) requires that a district court should state when…
The Dallas Court of Appeals recently had an opportunity to review and apply the mootness doctrine with respect to appeals and, in the process, expound on the rarely invoked exception to mootness known as "capable of repetition, yet evading review" (CORYER). In this case, the Plaintiff sought a temporary injunction and declaratory judgment that Duncanville’s ordinance…
Following rendition of a final, appealable judgment, does a notice of appeal have to name all preceeding interlocutory orders as a prerequisite to complaining of those orders? Apparently not. This has been a question of concern for many appellate practitioners and it’s a question that’s been percolating around in the courts of appeals. We now…
