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Reverse & Render
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Reverse & Render
Tarrant County Appellate Law Section Honors Justice Holman
On Tuesday, November 4, 2008, the Tarrant County Appellate Law Section will be honoring retiring Justice Dixon Holman. The luncheon to honor Justice Holman will take place at the Petroleum…
Reverse & Render
Notice of Service After Case Dismissed for Want of Prosecution
A plaintiff sued a defendant for breach of contract. Instead of serving the defendant, the plaintiff served the Secretary of State. As the time for answering lapsed, the trial court sent…
Reverse & Render
Specific performance, Deemed findings, and Alternative lesser relief
There are three holdings in DiGiuseppe v.Lawler that are noteworthy. First, the Texas Supreme Court, reaffirms the principle that a party who obtains a favorable judgment need not file a separate notice of…
Reverse & Render
No-Evidence MSJ Need Only Reference Challenged Element
By Byron Henry
The Texarkana Court of Appeals held that a no-evidence motion for summary judgment need only identify the challenged element in order to comply with Rule 166a(i). Plaintiff argued that the…
Reverse & Render
“With Prejudice” Means What It Says
By Byron Henry
A divided panel of the Amarillo Court of Appeals held that a dismissal with prejudice operates as an adjudication on the merits for purposes of res judicata even if the trial…
Reverse & Render
Welcome to Reverse and Render
Welcome to the Cowles & Thompson Appellate Blog. We created this blog with the goal of providing useful information to civil appellate practitioners and to the public at large. We anticipate that we will be posting information…
Reverse & Render
Tax Returns Not Relevant to Net Worth
By Byron Henry
In this mandamus action, the Eastland Court of Appeals held that federal tax returns are not relevant or material to the issue of the defendant's net worth. While the court…
Reverse & Render
Nonsuit Does Not Restart 120-day Deadline Under Chapter 74
By Byron Henry
The Houston (First) Court of Appeals held that a plaintiff cannot restart the clock on the 120-day deadline to serve an expert report pursuant to Chapter 74. The plaintiff nonsuited its case…
Reverse & Render
Motions for Summary Judgment and the Specificity Requirement
The defendant moved for summary judgment on the plaintiff's claims based on the statute of limitations. To show the accrual date, the defendant attached several documents to his motion. But the…
Reverse & Render
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District…