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Reverse & Render
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Reverse & Render
New Year = New Officers for Dallas Appellate Law Section
At its December meeting, the Dallas Bar Association's Appellate Law Section elected a slate of officers for the year 2011. Congratulations goes to the following persons who were elected upon…
Reverse & Render
Open Records and Declaratory Relief
The City of Dallas challenged the standing of the Dallas Morning News to sue for mandamus relief under the Texas Open Records Act because two Morning News reporters had made…
Reverse & Render
Mandamus is not the way to challenge denial of arbitration under the FAA
Once upon a time, if there was doubt about whether an arbitration agreement was subject to the Federal Arbitration Act (FAA), a party complaining of a denial of a motion…
Reverse & Render
When to Raise Summary Judgment Grounds
A party seeking summary judgment must raise all its grounds in the motion itself; raising a ground for summary judgment at the summary judgment hearing will not support the summary…
Reverse & Render
Follow Thy Mandate, Redux
I recently wrote another blog entry about what happens when the parties or the trial court fail to follow the appellate court mandate. Now, here's another: In a prior appeal, the Fort Worth…
Reverse & Render
Section 41.0105 — The Debate Continues
Over the summer, Byron Henry and I wrote an article discussing the emerging majority rule in Texas for applying section 41.0105, the paid vs. incurred rule for medical care expenses. Our…
Reverse & Render
Follow Thy Mandate
A couple of opinions--one state and one federal--reiterate the effect of an appellate court's mandate following remand of the case back to the trial court. The Fifth Circuit Court of…
Reverse & Render
Wrong address leads to reversal by restricted appeal
By Byron Henry
The Dallas Court of Appeals recently held that notice of trial sent to an incorrect address constitutes error on the face of the record sufficient to warrant reversal on restricted…
Reverse & Render
New Trial Granted Based on “Inherent Power to Sanction”
Last year, the Texas Supreme Court shook things up a little with its opinion in In re Columbia Medical Center, in which it granted a petition for writ of mandamus and…
Reverse & Render
Court’s inherent authority doesn’t extend to arbitrations
The Fifth Circuit Court of Appeals recently held that a district court overstepped the bounds of a court's inherent authority by sanctioning conduct that occurred in connection with an arbitration…