The Dallas Bar Association Appellate Law Section is having its monthly meeting Thursday, March 15, 2012, at noon at the Belo Mansion.
The speaker is Diana Faust of Cooper & Scully, P.C. She will be addressing Supersedeas Issues in
Reverse & Render
Insight & Commentary on Texas Appellate Law
Reverse & Render is a blog published by Cowles & Thompson P.C. that focuses on detailed analysis and commentary related to Texas appellate and Supreme Court decisions. The blog covers topics such as court statistics, opinion trends, procedural rules, and significant rulings affecting commercial litigation, arbitration, and appellate practice in Texas. It provides insights into court operations, case outcomes, and legal standards, particularly emphasizing the Texas Supreme Court's activities and intermediate appellate courts. The blog also discusses practical issues like citation preferences in appellate courts and evolving jurisprudence on arbitration agreements.
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Failure to Comply with an Appellate Mandate
“mandamus” “default judgment” “mandate”…
Attorney disqualification redux
By Byron Henry
The San Antonio Court of Appeals recently reaffirmed that “[t]he fact that a lawyer serves as both an advocate and a witness does not, standing alone, compel disqualification.” Here, the court also restated the well-settled rule that disqualification of counsel…
41.0105 — post-judgment reduction does not cure error
I have been waiting and watching for post-Haygood opinions, and the Amarillo Court of Appeals delivered a great opinion this week with Henderson v. Spann. In a 2-1 opinion, the panel held that the trial court’s admission of unadjusted medical bills and…
Failure to Announce for Trial May Result in Dismissal
Can the failure to announce ready for trial be a basis for dismissal of the suit? The answer is apparently “yes.” Texas Rule of Civil Procedure 165a allows a court to dismiss a case for want of prosecution for failure…
Appellate CLE Opportunity: Appellate Mediation
The Dallas Bar Association Appellate Law Section will have its monthly luncheon on Thursday, February 16, 2012, at noon at the Belo Mansion. The topic is “Positioning Your Appeal for Successful Mediation.” Speakers include Vikram Chandhok (Fifth Circuit Conference Attorney),…
Texas Supreme Court confirms that temporary employees are subject to the comp bar
In Port Elevator-Brownsville, L.L.C. v. Casados, the Texas Supreme Court reaffirmed this State’s prohibition on split workforces (i.e., Texas employers are not permitted to cover some but not all employees with worker’s compensation insurance if the employer is a…
When does “expedite” mean “eliminate”?
The Texas Supreme Court’s Advisory Committee will be meeting Friday, January 27th and Saturday, January 28th to discuss–among other things–the proposal that the Court’s task force has assembled to implement House Bill 274. In relevant part, House Bill 274 requires the…
Temporary injunction rules vs. Arbitration: which one is superior?
The Texas arbitration statutes contemplate that a trial court has jurisdiction to issue an injunction in support of an arbitration. So what happens if the trial court issues a temporary injunction but the form of the injunction does not (and cannot) comply…
Dominant Jurisdiction and Mandamus Relief
Since 1985, the test for whether a writ of mandamus will issue in connection with a trial court’s refusal to grant a plea in abatement under the doctrine of dominant jurisdiction has required proof of an active interference by one…