In its recent opinion in Perkins v. City of San Antonio, the San Antonio Court of Appeals stated "we disapprove of our conclusion in Wu [v. City of San Antonio], regarding the applicable standard for reviewing the Board’s orders." (emphasis added). By way of background Wu adopted a hybrid standard of review for
rule
What’s in a name?
By David Oliveros on
Posted in Uncategorized
Under Rule 28, is pleading the name of a popular location where a business is located sufficient to name an entity?
This was the issue in Seidler v. Morgan, a recent Texarkana Court of Appeals case.
While vacationing at Fish Creek Ranch located in Dolores, CO, the plaintiff fell from a horse and dislocated her…
“Property Owner Rule” Applied to Corporate Owners
By Mike Northrup on
Posted in Opinions & Judgments
The Houston Fourteenth District Court of Appeals recently held that the Property Owner Rule applies to corporate owners. The Property Owner Rule is the rule of law that allows a property owner who is familiar with the market value of his property to testify regarding the market value, even if he is not qualified as…
Lack of Consideration ≠ Failure of Consideration
By Byron Henry on
Posted in Opinions & Judgments
In an otherwise lengthy opinion, the Fort Worth Court of Appeals provided a reminder to civil practitioners regarding the difference between failure of consideration and lack of consideration. The Court noted:
[L]ack of consideration refers to a contract that lacks mutuality of obligation. Failure of consideration, however, occurs when, due to a supervening cause after
…
When Appellees Don’t File a Brief
By Byron Henry on
Posted in Opinions & Judgments
The Amarillo Court of Appeals recently confronted an issue not addressed by the appellate rules. While Rule 38.8(a) applies in the event the appellant fails to file a brief, the rules are silent with respect to an appellee’s failure to do so. The Court weighed its options:
Appellees’ failure to file a brief leaves this
…
Best (Little) Evidence Rule applies only to Texas documents. Really?
By Mike Northrup on
Posted in Opinions & Judgments
Here’s an interesting factoid you can make use of to amaze and astound your opposing counsel. The Best Evidence Rule, Texas Rule of Evidence 1002, applies only when the the originals are located in Texas. It’s true. It surprised me too.
Kerlin v. Arias, a per curiam opinion issued by the Texas Supreme Court…