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Reverse & Render
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Reverse & Render
Chief Justice Jefferson to Speak to DBA Appellate Section
Chief Justice Wallace Jefferson will present the "State of the Supreme Court" at the Dallas Bar Association Appellate Section's monthly meeting at the Belo Mansion. The presentation will be at…
Reverse & Render
Attorney’s Fees Double Play
By Byron Henry
The San Antonio Court of Appeals recently decided two cases dealing with recovery of attorney's fees for breach of contract. The court first held that a party who brings an…
Reverse & Render
Personal Jurisdiction in Contract Case with Successor in Interest
The Fourteenth District Court of Appeals in Houston has held that a corporation's jurisdictional contacts could not be imputed to a nonresident that succeeded to the corporation's contract rights. Under the core facts…
Reverse & Render
Mandamus–don’t forget the order
Texas Appellate Rule 52.3(k)(1)(A) requires that an appendix to a Petition for Writ of Mandamus must contain a certified or sworn copy of any order complained of, or any other…
Reverse & Render
New 41.0105 Opinion — Don’t forget the evidence of write-offs
The El Paso Court of Appeals issued an opinion this week that addresses, in part, application of Civil Practice and Remedies Code Section 41.0105. There are two takeaways from the Section 41.0105 discussion.…
Reverse & Render
Remittitur on Rehearing
By Byron Henry
Talk about snatching victory from the jaws of defeat. The Dallas Court of Appeals recently held that an appellee is entitled to voluntary remittitur on rehearing. In this case, the court…
Reverse & Render
March 2011 Appellate CLE Opportunities
I've got a couple of interesting Appellate CLE opportunities to report this week. First, the Dallas Bar Association Appellate Law Section is having its monthly luncheon on March 17, 2011 at…
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Preserving error to complain of death penalty sanctions
In a mandamus setting, it can sometimes be a challenge to ensure that you've brought forward all the documents and hearing transcripts required to establish an abuse of discretion. The…
Reverse & Render
Summary Judgment Affidavits: Form vs. Substance
The difference between defects in the form of an affidavit versus defects in substance is not always clear and the appellate courts have not always agreed on what is substantive…
Reverse & Render
New York Announces New Recusal Rule
The Chief Justice of New York's highest court, Jonathan Lippman, is receiving accolades from his announcement this week that the Administrative Board of Courts has proposed a new rule to address…