n the most recent episode in this long-running saga, Orca Assets appealed from the trial court’s $2.4 million award of fees and costs against it. Because this particular aspect
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Thou Shalt Not Delay Trial for Appeal of a Temporary Injunction
Bienati v. Cloister Holdings, LLC. Bienati and others pursued an interlocutory appeal from a temporary injunction. Although it had…
… And That’s Final!
Patel v. Nations Renovations, LLC. Another cautionary tale regarding the finality of judgments from the Supreme……
Distribution Center Deemed “Principal Office” Under Venue Statute
Deere & Co. v. Bernal: When a defendant challenges venue, the plaintiff has the burden of presenting a prima facie case that venue is proper in the county…
Court Lacked Jurisdiction to Enter Declaratory Judgment Because It Was Uncontested
In re Banigan: After her husband filed for divorce in 2021, Cynthia Banigan moved to vacate a 2015 declaratory judgment establishing that the parties’…
“Taking Responsibility” ≠ Negligence as a Matter of Law
SCOTx: No “Informal” Fiduciary Duty from Corporate Director to Shareholder, Regardless of Pre-Existing Relationship of Trust and Confidence
In Ritchie v. Rupe, the Texas Supreme Court held that, “[a]bsent a contractual ……
Mandamus: If Not Now, When?
In re HollandDallas Court of Appeals, Nos. 05-22-00368-CV, -00369-CV, and -00378-CV (May 27, 2022)Before Justices Myers, Nowell (Opinion), and GoldsteinNeil R. BurgerIn three identical rulings, the Dallas Court of Appeals rejected three identical petitions for…
No Standing for Taxpayer Challenging Removal of Statue
Robinson v. ScrippsDallas Court of Appeals, No. 05-21-00349-CV (May 19, 2022)Justices Carlyle, Smith (Opinion, available here), and GarciaKelli Hinson Eugene Robinson filed suit against the City of Dallas and Jennifer Scripps, its Director of the…
What's so Special for a Special Master?
In re AlfordDallas Court of Appeals, No. 05-22-00240-CV (May 16, 2022)Before Justices Osborne (Opinion), Partida-Kipness, and SmithNeil R. BurgerIn re Alford concerns the sua sponte appointment of a Special Master to determine a pending plea…