As most appellate lawyers around Dallas know, the Fifth Court of Appeals has a reputation (well-earned) for disposing of petitions for mandamus in, let’s say, a summary fashion. Specifically, the mandamus denials, with few exceptions, have consisted of three-sentences memorandum
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 9
Dallas weighs in on no-evidence summary judgment procedure
The Dallas Court of Appeals has written a couple of recent significant opinions addressing no-evidence summary judgment practice. In the first opinion, the en banc court considered a no-evidence motion that listed the elements of the claim at issue and…
Conflicts in Summary Judgment Practice
I recently presented a continuing education seminar focusing on current issues in state summary judgment practice. As a result of that presentation, the Dallas Court of Appeals‘ holding in Bastida v. Abel’s Mobile Home Service, Inc., came to…
Plaintiff can’t avoid attorney’s fees by simply dismissing claim
By Byron Henry
The Dallas Court of Appeals recently held that a plaintiff cannot avoid attorney’s fees by simply dismissing its claim prior to a decision on the merits. In this case, the plaintiff asserted several claims against the defendant, including a claim…
Summer CLE in the Windy City
The DRI is sponsoring an Appellate Advocacy seminar in Chicago on July 18th and 19th. Highlights of the seminar include a moot argument, discussions on embedded appellate counsel at trial, in-house perspectives on appellate practice, and building an appellate practice. …
Retirement News-Justice Jim Moseley
We were saddened to receive news this week that Dallas Court of Appeals Justice Jim Moseley has announced that he will be retiring at the end of August. Justice Moseley has served on the court of appeals with great distinction…
Legal Writing CLE
The Dallas Bar Association’s Appellate Law Section and Business Litigation Section are sponsoring a joint continuing education seminar on Tuesday, June 3, 2014, from 12:00pm to 2:00pm at the Belo Mansion. The session will be led by Professor and best-selling…
New Fifth Circuit Judge Confirmed
On Tuesday, March 20th, 2014, the United States Senate voted unanimously to confirm President Obama’s nomination of Greg Costa to the Fifth Circuit Court of Appeals. Judge Costa previously was appointed as a federal district judge for the Southern…
Appellate CLE: Supersedeas
The Dallas Bar Association‘s Appellate Law Section will meet Thursday, May 15, 2014, at noon. This month’s speaker is Daniel Huckabay of Commercial Surety Bond Agency. Mr. Huckabay will be speaking on a topic near and dear to…
Dallas court limits discovey of expert’s finances
By Byron Henry
The Dallas Court of Appeals recently issued an opinion limiting the discoverability of an expert’s finances. In this personal injury case, the defendant hired an expert employed by a firm that derived ninety percent of its revenues “from the defense side…