Justice Don Willett will speak to the Dallas Bar Appellate Section at noon on Thursday, January 19, 2012 at the Belo Mansion. He will speak on “Tips and Preferences on Practicing Before the Court.” One hour of CLE is available. Justice Willett will also speak
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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Vicarious liability under Chapter 33
The Dallas Court of Appeals has explained how to submit jury questions for negligence of employees for whose conduct employers may be held vicariously liable.
In Janga v. Colombrito, two defendant doctors appealed an adverse jury verdict and complained…
Don’t Mess With Texas (Court of Appeals’ Jurisdiction)
By Byron Henry
The Fort Worth Court of Appeals recently held that it was error for a trial court to order that an attorney not file a notice of appeal until his client directed him to do so. After trial, Relator’s counsel sought to…
Reverse supersedeas can’t deny effective appeal
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.,…
No Mandamus against a JP
The Amarillo Court of Appeals dismissed a Petition for Writ of Mandamus against a justice of the peace because a court of appeals does not have jurisdiction to issue a writ of mandamus against a justice of the peace. In…
Split of Authority Regarding Superseding Attorney’s Fees On Appeal
By Byron Henry
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an opinion by Chief Justice Carolyn Wright (left), recently held that attorney’s fees awarded in a judgment need not be superseded on appeal.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…
Tip of the Week: Oral Argument Requests in the Dallas COA
When I don’t want oral argument or don’t think it is necessary, my standard operating procedure has been to (1) put nothing regarding oral argument on the front cover of my brief, and (2) include a Statement Regarding Oral Argument in the…
Is “Man’s Best Friend” Mere Property, or of Special Value
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. …
Calculation of Net Worth Excludes the Judgment
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…
Certificate of Merit Requirement is Broad
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…