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Reverse & Render
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Reverse & Render
Commingling of Theories under Casteel
The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error. In this medical negligence case, the alleged charge error relates to whether the trial court should…
Reverse & Render
Lack of Consideration ≠ Failure of Consideration
By Byron Henry
In an otherwise lengthy opinion, the Fort Worth Court of Appeals provided a reminder to civil practitioners regarding the difference between failure of consideration and lack of consideration. The Court…
Reverse & Render
Mandamus Procedure Changes
With its opinion in In re Butler, the Dallas Court of Appeals reminds us that there has been an important change to mandamus procedure. Appellate Rule 52.3 was amended effective…
Reverse & Render
When Appellees Don’t File a Brief
By Byron Henry
The Amarillo Court of Appeals recently confronted an issue not addressed by the appellate rules. While Rule 38.8(a) applies in the event the appellant fails to file a brief, the…
Reverse & Render
Best (Little) Evidence Rule applies only to Texas documents. Really?
Here's an interesting factoid you can make use of to amaze and astound your opposing counsel. The Best Evidence Rule, Texas Rule of Evidence 1002, applies only when the the originals…
Reverse & Render
Notice of appeal not required to name all orders
Following rendition of a final, appealable judgment, does a notice of appeal have to name all preceeding interlocutory orders as a prerequisite to complaining of those orders? Apparently not. This…
Reverse & Render
Disqualification Requires Notice and Evidentiary Hearing
By Byron Henry
The Corpus Christi Court of Appeals recently held that a respondent is entitled to notice and an evidentiary hearing before having its counsel disqualified. First, the court determined it had…
Reverse & Render
Notice Defect Precludes Summary Judgment
In Shaw v. Radionic Industries, Inc., the plaintiff moved for summary judgment against the pro se defendant on a claim for a suit on a sworn account. The court set…
Reverse & Render
Continuing Education Opportunities
We want to announce some upcoming continuing education opportunities of interest to Appellate Practitioners. The Dallas Bar Association, Appellate Law Section will have its monthly noon CLE on Thursday, November…
Reverse & Render
Bond Forfeiture Cases Are Criminal, Not Civil
By Byron Henry
In a dispute over the assessment of costs on appeal, the Houston (First) Court of Appeals recently held that bond forfeiture cases are criminal as opposed to civil. Accordingly, the…