“A clerk has a ‘mandatory, ministerial duty’ to file all documents submitted for filing,” according to a recent opinion issued by the Dallas Court of Appeals. The court further held that the court, not the clerk, then has the
Reverse & Render
Insight & Commentary on Texas Appellate Law
Reverse & Render is a blog published by Cowles & Thompson P.C. that focuses on detailed analysis and commentary related to Texas appellate and Supreme Court decisions. The blog covers topics such as court statistics, opinion trends, procedural rules, and significant rulings affecting commercial litigation, arbitration, and appellate practice in Texas. It provides insights into court operations, case outcomes, and legal standards, particularly emphasizing the Texas Supreme Court's activities and intermediate appellate courts. The blog also discusses practical issues like citation preferences in appellate courts and evolving jurisprudence on arbitration agreements.
Latest from Reverse & Render - Page 7
Context Matters: personal e-mail addresses of government officials are not protected from disclosure requirements
The Texas Public Information Act is intended to provide the public with a window into the business of government and the official acts of public officials. There are some limited restrictions on the information that may be obtained by a…
Injunction Law: Back to the Basics
Temporary restraining orders and temporary injunctions are governed by some fairly specific requirements. Failure to follow those black-and-white requirements can result in the court’s order being declared void. That’s what happened in Medi-Lynx Monitoring, Inc. v. AMI Monitoring, Inc. …
Whistleblowers: Who Ya Gonna Call?
The Texas Whistleblower Act protects a public employee who makes a good faith report of a legal violation by his or her employer “to an appropriate law enforcement authority.” Tex. Gov’t Code § 554.002(a). Texas law has generally held that…
Plaintiffs avoid getting (anti) SLAPPed
By Helen Hutton
Appellate courts in Texas have seen an influx of defamation, business disparagement, and other similar actions since 2011 when the Texas Citizens Participation Act (“TCPA”), Tex. Civ. Prac. & Rem. Code §§ 27.001-27.011 (2015), was signed into law. The TCPA…
No contempt for contractual support
By Byron Henry
The Dallas Court of Appeals recently held that contempt is not available to enforce contractual spousal support absent decretal language in the divorce decree along with a reference to Chapter 8 of the Texas Family Code and its requirements. Here,…
Dallas Court of Appeals reinstates $7.25 million verdict on quantum meruit claim
I generally think of quantum meruit claims as merely disposable, add-on claims used in a belt-and-suspenders approach to a contract action. But after reading the opinion in Shamoun & Norman, LLC v. Albert G. Hill, Jr., I am not…
First Amendment Speech vs. State Regulation of Health and Safety
The Fifth Circuit Court of Appeals recently issued an opinion addressing First Amendment protections over political speech and First Amendment challenges to the state regulation of psychological services.
In Serafine vs. Branaman, the Texas State Board of Examiners of…
When is Mandamus Relief Available for Conflicting Trial Settings?
By Helen Hutton
The Texas Supreme Court’s holding in In re Prudential Insurance Co. of America, 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)—that determining whether an appellate remedy is “adequate” requires a balancing of the benefits and detriments of mandamus review and…
Trial court’s reach exceeds its grasp
By Byron Henry
The Dallas Court of Appeals recently held that a trial court lacks jurisdiction to issue a show-cause order for a non-party to appear if the party is outside the subpoena power of the court. Here, after one unsuccessful mediation, the…