Happy New Year!
The Dallas Court of Appeals issued a number of interesting opinions the last week of December. Three of those cases serve as good reminders to be careful what parties say and don’t say in their pleadings.
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.
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Mandamus subject to laches
By Byron Henry
The Dallas Court of Appeals recently reaffirmed that mandamus is controlled by equitable principles, including laches. Here, the relator waited almost nine months to file its petition without explanation. The Court relied on cases finding waiver in which the petitioner…
Expert disclosures and the property owner rule
By Byron Henry
The Dallas Court of Appeals recently issued an opinion dealing with two recurring topics: the property owner rule and timely designation of experts. In this foreclosure case, the Court addressed market value testimony by four witnesses. In doing so, the…
New Judges Reception Tuesday, October 20, 2015
By Byron Henry
The Collin County Bar Association is hosting a new judges reception on Tuesday, October 20, 2015 from 5:30-7:30pm at Seasons 52 Restaurant in the Shops at Legacy in Plano, Texas. The judges being recognized include Justices Stoddart, Whitehill, and Schenck…
Supersedeas Bonds and Julie Andrews?
Yours truly–Mike Northrup–will be speaking to the Dallas Bar Association Appellate Law Section at noon on September 17, 2015, at the Belo Mansion. The title of the presentation will be “Just a Spoonful of Supersedeas Makes the Judgment…
Exemplary Damages Caps Need Not Be Pleaded
By Byron Henry
The Texas Supreme Court recently resolved a split of authority among Texas courts of appeals regarding whether the exemplary damages cap in Section 41.008 of the Texas Civil Practice and Remedies Code needs to be pleaded as an affirmative defense…
Premature Notice of Past Due Findings and Conclusions Insufficient
By Byron Henry
The Dallas Court of Appeals recently held that a notice of past due findings of fact and conclusions of law filed prematurely is ineffective and does not preserve error. Here, the trial court issued a final judgment and the defendant…
Supersedeas Pendulum Swings Toward Judgment Debtors
The Supreme Court of Texas has clarified the phrase “compensatory damages” as used in the supsersedeas statute (Civil Practice and Remedies Code Section 52.006) and Appellate Rule 24. In In re Longview Energy Company, the court held that…
Employee’s assault claim barred by the TCHRA
By Byron Henry
In a short, straight-forward opinion, the Dallas Court of Appeals recently held that a common-law claim for assault is precluded by the Texas Commission on Human Rights Act. Here, the plaintiff alleged that a supervisor engaged in various sexual…
Discretion to issue “superdupersedeas” against the State
The Supreme Court of Texas has recognized the discretion of a trial court judge to deny the State of Texas automatic supersedeas in cases involving non-monetary judgments pursuant to Texas Rule of Appellate Procedure 24.2(a)(3). In In re State…