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Reverse & Render
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Reverse & Render
Chapter 74 Statute of Limitations Trumps Chapter 33 Extension
By Byron Henry
The San Antonio Court of Appeals recently held that the two-year statute of limitations for health care liability claims in section 74.251 of the Civil Practice and Remedies Code cannot…
Reverse & Render
Dissents and Stare Decisis
By Byron Henry
"A dissent does many things—it pinpoints perceived faults in the Court’s opinion, it speaks to a future Court, it may suggest a legislative fix—but it is not the law." In…
Reverse & Render
“Requests for Admission Are A Tool, Not A Trapdoor”
By Byron Henry
In a 6-3 opinion, the Texas Supreme Court held that requests for admissions sent to an insurance carrier in one capacity cannot be used against it in different capacity. USF&G…
Reverse & Render
Appellate Dismissals in Dallas
Ever wonder what it takes to get an Appellant's appeal dismissed? The Dallas Court of Appeals has given us the answer in at least two circumstances, one involving defective briefing…
Reverse & Render
Fifth Circuit Discusses Venue Selection Clauses
If you've got a venue selection clause and you are wondering whether you can file in state or federal court, or whether you can remove a state-filed case to federal…
Reverse & Render
Dallas internal operating procedures
Will the Dallas Court of Appeals grant oral argument to both sides of an appeal when only one party has requested it? For the answer to that question, check out…
Reverse & Render
Abatement vs Dismissal: Split of Authority?
By Byron Henry
In an interesting opinion regarding dominant/servient jurisdiction and abatement, the Houston (First) Court of Appeals made this observation regarding the proper relief on a motion to abate: Generally, the proper…
Reverse & Render
CPRC 12.002 Requires Evidence of Intent to Cause Harm at Time of Filing
By Byron Henry
The Dallas Court of Appeals recently held that CPRC 12.002 prohibiting use of a fraudulent court record or lien requires evidence of intent to cause harm at the time of filing…
Reverse & Render
U.S. Supreme Court Reviews Judicial Recusals in Elective Judicial Systems
The U.S. Supreme Court has agreed to consider the case of Caperton v. A.T. Massey Coal Company, involving a judicial recusal in West Virginia where judges are elected. The precise question…
Reverse & Render
The Letter and the Law Regarding No-Answer Defaults
Cleantech filed a suit on sworn account on July 10, 2007, against Eugene Owens. On August 13, 2007, Mr. Owens handwrote and signed a letter to the court that stated "Please…