Archives: Appellate

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Buying a Train Ticket Isn’t “Paying for Use” of the Train Station

By Carrington Coleman on June 22, 2020 Posted in Appellate, Courts

City of Dallas v. Kennedy. Ms. Kennedy tripped and fell in Union Station train station ...

Texas Lottery Operator not Immune from Fraud Claims

By Carrington Coleman on June 15, 2020 Posted in Appellate, Courts

The cases involved fraud claims by lottery participants based on misleading ...

Coronavirus Legal News Briefing — May 7, 2020

By Amy Starnes on May 7, 2020 Posted in Appellate, Courts, COVID-19, DACA, Ethics, Immigration, Texas Bar Blog

Editor’s Note: The State Bar of Texas is providing this collection of important links, blog posts, and media stories to keep its members and the public informed of the latest news and resources related to the novel coronavirus outbreak and its impact on the legal community. Important links State Bar of Texas Coronavirus Legal Resources...… Continue Reading

Computer and Technology Section app free to all lawyers, paralegals, students through June

By Amy Starnes on April 28, 2020 Posted in Appellate, Courts, Family Law, Paralegal, Technology, Texas Bar Blog

The State Bar of Texas Computer and Technology Section is offering its app ...

SCOTX Vacates Sanctions Against Brewer, Finding No Bad Faith

By Carrington Coleman on April 27, 2020 Posted in Appellate, Courts

Brewer v. Lennox Hearth Products, LLCSupreme Court of Texas, No. 18-0426 ...

Conclusory Opinions Are Not Competent Evidence

By Carrington Coleman on April 22, 2020 Posted in Appellate, Courts

NexBank filed suit against its former lawyers, alleging the lawyers were negligent in ...

Be Careful: The Mandamus clock may start ticking sooner than you think

By Carrington Coleman on April 20, 2020 Posted in Appellate, Courts

Can a judge’s email to her court administrator start the clock on mandamus review? ...

“Boilerplate” in Judgments Has Consequences

By Carrington Coleman on March 30, 2020 Posted in Appellate, Courts

We’ve all included something like this in our proposed orders, submitted to the trial ...

Once More, With Feeling: Business Entities Must be Represented in Court by a Licensed Attorney

By Carrington Coleman on March 19, 2020 Posted in Appellate, Courts

The Dallas Court of Appeals reminded us that business entities in the State of Texas ...

No Back-Up = No Bill of Review

By Carrington Coleman on November 21, 2019 Posted in Appellate

A defendant can attack a default judgment through a bill of review after it’s too late ...

City Employee Can’t Sue Risk Pool for Denying Cancer Treatment

By Carrington Coleman on October 3, 2019 Posted in Appellate, Courts

Joe Stegall was the CFO for Royse City, and participated in the city’s medical-benefits ...

What’s Happening with My Appeal? TCPA Case Sheds Light on Court’s Processes

By Carrington Coleman on September 3, 2019 Posted in Appellate, Courts

Mahana, a nurse anesthetist, alleged that her supervisor at U.S. Anesthesia Partners ...

Insurance Covers Damages Awarded Against Majority Owner Who Wrongfully Fired Business Partner

By Carrington Coleman on August 22, 2019 Posted in Appellate

After the first $10 million of insurance coverage was exhausted, he sued an excess ...

Limitations: No Standing On Individual Claims = No Relation Back For Derivative Claims Added Later

By Carrington Coleman on August 15, 2019 Posted in Appellate, Courts

In this looooong-running business dispute with a tangled and protracted procedural ...

DEC Action: Is a Harassing Defendant a Judiciable Controversy?

By Carrington Coleman on August 7, 2019 Posted in Appellate, Courts

In a split panel decision, the Dallas Court of Appeals held that a ...

“Express Written Consent” Means Express Written Consent—No More, No Less

By Carrington Coleman on July 3, 2019 Posted in Appellate, Courts

The Supreme Court of Texas delivered a reminder that when drafting contracts ...

DFW Airport Immune from Suit for Alleged Breach of “Good-Faith-Efforts” Agreement

By Carrington Coleman on May 20, 2019 Posted in Appellate

This case explores two key issues: (1) the distinction between “governmental” and ...

No Sanction for Denying “Merits-Preclusive” Requests For Admission, Then Later Admitting The Issues

By Carrington Coleman on May 2, 2019 Posted in Appellate, Courts

We’ve all seen them. Most of us have probably tried to use them ourselves. That ...

Laches in the Cyber Age: When the Judge Says “Granted” by Email, Can You Wait for a Signed Order Before Pursuing Mandamus?

By Carrington Coleman on April 10, 2019 Posted in Appellate, Courts

In this mandamus proceeding, the Dallas Court of Appeals held that ...

Interlocutory Appeal of an Order Denying an MSJ That Involves Free Speech or Press Grounds Encompasses the Entire Order

By Carrington Coleman on March 8, 2019 Posted in Appellate

Jose Reyes was “a low-level customer-call-center employee of Bank of America ...

Just Pleading an Affirmative Defense Won’t Defeat Summary Judgment

By Carrington Coleman on November 9, 2018 Posted in Appellate, Courts

In this brief opinion, the Dallas Court of Appeals affirmed summary judgment for American Express

Jurisdiction After Mandate, or, “We Really Meant It.”

By Carrington Coleman on September 19, 2018 Posted in Appellate, Courts

The Dallas Court of Appeals granted mandamus when a trial court failed to ...

Getting Into the Lawbooks – An Undiscussed Dimension of Appeals

By Brad LaMorgese on May 21, 2018 Posted in Appellate

The end result of many successful and/or unsuccessful appeals is that the names of ...

Texas Supreme Court Orders Discovery to Determine Reasonableness of Hospital’s Rates

By Carrington Coleman on April 30, 2018 Posted in Appellate

Plaintiff sued North Cypress Medical Center Operating Co. (the “Hospital”), challenging ...