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Disqualification Requires Notice and Evidentiary Hearing

By Byron Henry on November 18, 2008
Posted in Mandamus, Opinions & Judgments

The Corpus Christi Court of Appeals recently held that a respondent is entitled to notice and an evidentiary hearing before having its counsel disqualified.  First, the court determined it had jurisdiction to issue a writ of mandamus against a presiding judge of a administrative judicial district because the judge was acting in the capacity of…

Notice Defect Precludes Summary Judgment

By David Oliveros on November 13, 2008
Posted in Opinions & Judgments, Summary Judgment

In Shaw v. Radionic Industries, Inc., the plaintiff moved for summary judgment against the pro se defendant on a claim for a suit on a sworn account. The court set a hearing for the motion on April 2, 2007. Later, the plaintiff sent a transmittal letter dated March 22, 2007 to the defendant to…

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Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section…

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Texas Appellate Lawyer & Attorney of Cowles & Thompson Law Firm, offering insight & commentary on appellate law, civil trials, civil appeals and decisions out of the Texas Supreme Court, Dallas Court of Appeals, Fort Worth Court of Appeals.

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