In the case of a judgment for recovery of an interest in real or personal property, the trial judge must determine the amount of security required to suspend enforcement of the judgment during appeal. Texas Appellate Rule 24.2(a)(2) requires that
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Miscellaneous Statistics from the Texas Supreme Court’s 2021 Dispositions
My review of the statistics from the Texas Supreme Court’s dispositions in 2021 brought an assortment of facts to the forefront that are worth highlighting.
- For the second year in a row, the court accepted a significantly higher number of
…
Opinions vs. Memorandum Opinions on the Texas Supreme Court’s Docket
Parties (and their counsel) to a court of appeals’ disposition of an appeal sometimes worry that if the court disposed of the appeal by issuing a “Memorandum Opinion” instead of an “Opinion,” the chances of obtaining review by the Texas…
Texas Supreme Court Statistics for 2021 are here
I ran the statistics for the Texas Supreme Court’s cause disposition for the calendar year beginning January 1, 2021, through December 31, 2021, and the breakdown of broader statistics is shown below. As with prior years, I will follow up…
Section 18.001 Counter-affidavit Update
Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit. Civil Practice and Remedies Code Section 18.001 counteraffidavits are…
Personal Jurisdiction Gets a Makeover
Whether a defendant can be sued in the courts of a particular state depends upon the defendant’s presence in the state. If the defendant lives there, or in the case of an entity, has its principal place of business there…
Texas Anti-Discrimination Protection Held to Include Sexual Orientation
The Dallas Court of Appeals has held that the Texas Commission on Human Rights Act (TCHRA) and its prohibition against unlawful employment practices because of sex, encompasses claims for unlawful employment practices because of sexual orientation. This interpretation is the…
Review of Opinions and Memorandum Opinions in 2020
Last year, I reported that the Texas Supreme Court granted a record number of petitions for review in cases where the court of appeals had issued an opinion designated as a “Memorandum Opinion.” The statistics seem to dispel the notion…
Texas Supreme Court statistics for 2020
This past year presented some unique challenges for the judiciary, and specifically for the Supreme Court of Texas. The court confronted a pandemic, a ransomeware attack, and some unusual election-year court filings. In spite of these challenges, the court persevered…
Authenticating Public Records
Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved. Yet these questions routinely arise in the trial courts and are fundamental to trial practice. The Texas Supreme…