The Dallas Court of Appeals has held that Appellate Rule 24.3(a)(3) cannot be invoked to allow an Appellee to provide a "reverse supersedeas bond" when doing so denies an Appellant its appeal.
In Hydroscience Technologies Inc. v. Hydroscience Inc., Hydroscience, Inc. obtained a declaratory judgment declaring that it owned shares of preferred stock in
The Dallas Court of Appeals, in an opinion by Chief Justice Carolyn Wright (left), recently held that attorney’s fees awarded in a judgment need not be superseded on appeal. In an opinion last year also by Chief Justice Wright, the Dallas Court held that attorney’s fees awarded in a breach of contract case were not "compensatory damages," and
The Fort Worth Court of Appeals has held that a party may recover for the loss of companionship or sentimental value of a dog.
In Medlen v. Strickland, the Medlens’ dog escaped and was picked up by animal control. The animal shelter represented to the Medlens that they would put a "hold" on the
The Dallas Court of Appeals has held that a trial court did not abuse its discretion by excluding the amount of the judgment appealed from the judgment debtor’s net worth calculation for purposes of a supersedeas bond. What is different from this opinion than from a prior opinion we blogged about is that in this
In 2007, the Texas Legislature adopted a Certificate of Merit requirement applicable to claims against architects and engineers. The statutory requirement is much like the expert affidavit requirement applicable to health care liability claims. The Houston First District Court of Appeals has given us an idea of just how broadly the statute should be interpreted.
Here’s one to put in your mandamus file. The Dallas Court of Appeals has held that the trial court abused its discretion by denying a special exception and that the relators had no adequate remedy by appeal. Of course, there’s more to this holding than meets the eye.
This is a sharolder derivative suit governed
The Dallas Court of Appeals has held that the lack of a reporter’s record from a trial on unliquidated damages requires reversal of the judgment. In this case, the defendant defaulted and a trial was held on unliquidated damages. No court reporter was present. The trial court entered judgment for plaintiff awarding $1.3 million in
After Union Carbide served a treating physician with a subpoena duces tecum that encompassed records spanning over 30 years, plaintiffs’ counsel filed a motion for sanctions, asserting that the discovery requests were overbroad, harassing, and annoying, and he sought costs expended in defending against the subpoena duces tecum. Union Carbide first learned of the motion
The Dallas Court of Appeals has, once again, confirmed that "strict compliance" with rules governing service of process is required. See my prior posts on the subject here and here. In this case, the district clerk served an out-of-state defendant via certified mail, return receipt requested. But while the return of service bore the district clerk’s stamp
The Fifth Circuit Court of Appeals has held that when it becomes necessary to secure out-of-district counsel to adequately represent a civil rights plaintiff, the prevailing rates charged by that firm are the starting point for the lodestar calculation for an award of attorney’s fees. This ruling is an exception to the usual rule that