Insight & Commentary on Texas Appellate Law
A federal court of appeals does not have jurisdiction over an appeal from a magistrate judge’s order of dismissal unless the parties have clearly and unambiguously consented to proceed before the magistrate judge.
In Barber v. Shinseki, the plaintiff brought a healthcare liability claim. After the plaintiff’s counsel withdrew, he asked the district court to appoint…
The Fort Worth Court of Appeals recently held that an order directing that sanctions be paid prior to final judgment is an abuse of discretion unless the court makes express findings as to why the sanctions do not preclude the sanctioned party from continuing the lawsuit. In this case, the trial court awarded over $19,000…
Sometimes when a party gets a default judgment against another party, there’s a rush to make the judgment final. But as American Express Centurion Bank and American Express Bank found out in In re Daredia, you’ve got to be careful about what you ask for because there are consequences.
In the trial court, the…
