The Dallas Court of Appeals recently addressed summary judgment practice in a rare en banc opinion. At issue was whether the defendants’ no-evidence motion for summary judgment adequately challenged the elements of plaintiffs’ claims by listing the elements and then stating that the plaintiffs had no evidence to support "one or more" of the elements
waiver
Be Careful What You Ask For…
Parties seeking to appeal from an adverse judgment should be wary of requesting or otherwise approving the very judgment they intend to appeal. In Sincerely Yours LP v. NCI Building Systems LP, Sincerely Yours obtained a favorable verdict on liability but wanted to appeal the exclusion of certain testimony relating to the extent of its…
Waiver of Jury Trial Clause: How far does it go?
The Beaumont Court of Appeals has held that a contractual waiver of jury clause does not extend to non-contractual claims brought against non-signatory joint tortfeasors or alleged conspirators.
In In re Wild Oats Markets, Inc., Kuykendahl-WP Retail, L.L.P. ("Kuykendahl") had a lease agreement with Wild Oats Markets, Inc., which contained a contractual waiver-of-jury-trial clause. …
Waiver of appellate review by failure to bring interlocutory appeal
Does a party waive its right of appellate complaint by failing to bring an interlocutory appeal when a right of interlocutory appeal exists? At least one court of appeals has answered that question in the affirmative and one court has answered that question in the negative. It now appears that the Dallas Court…
Pro Se Letter Waived Special Appearance
The Dallas Court of Appeals held that a pro se letter from an Illinois resident denying liability and requesting an extension of time to retain counsel and file a "complete answer" waived the defendant’s subsequent special appearance. The defendant argued that the letter did not consitute an answer. The court held that the letter constituted an answer. …
Mandamus waiver
The Houston Fourteenth District Court of Appeals has held that a Relator must challenge all possible grounds supporting a trial court’s ruling by its Petition for Writ of Mandamus or the Relator waives its complaint. In In re TCW Global Project Fund II, Ltd., No. 14-08-00116-CV (Sept. 24, 2008), the Relator filed a Petition…