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lesser alternate ground of recovery

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Specific performance, Deemed findings, and Alternative lesser relief

By Mike Northrup on October 23, 2008
Posted in Opinions & Judgments

There are three holdings in DiGiuseppe v.Lawler that are noteworthy.  First, the Texas Supreme Court, reaffirms the principle that a party who obtains a favorable judgment need not file a separate notice of appeal to preserve its right to judgment on a lesser alternate ground of recovery in the event an appellate court reverses the trial…

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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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