John H. Roach. v. Patricia S. RoachDallas Court of Appeals, No. 05-21-00754-CV (February 15, 2022)Justices Molberg, Goldstein (Opinion, linked here), and SmithBrent RubinGenerally, Texas law allows an appeal only from final judgments and from interlocutory orders
Latest from Carrington, Coleman, Sloman, & Blumenthal, L.L.P. - Page 2
Party Has No Standing to Appeal Sanctions Against Its Attorneys
On Deck Capital, Inc. v. CWO Designer Landscapes LLCDallas Court of Appeals, No. 05-20-00471-CV (February 10, 2022)Justices Reichek (opinion available here), Nowell, and CarlyleKelli HinsonWhen the day of trial arrived, the plaintiff had not timely responded
Evidence Required at the Threshold for Direct Access to Opponent’s Electronic Device
In re CooleyDallas Court of Appeals, No. 05-21-00445-CV (February 2, 2022)Justices Schenck (Opinion, linked here), Nowell, and GarciaKen CarrollCooley sued Methodist Richardson Medical Center, alleging she was injured while a patient there. Cooley and her housemate
Whose Card Is It Anyway?
American Express National Bank v. SherwoodDallas Court of Appeals, No. 05-20-00153-CV (January 27, 2022)Justices Osborne (opinion available here), Reichek, and CarlyleKelli HinsonAmerican Express brought suit against Christopher Sherwood to collect amounts it alleged were due on
Two Practice Pointers: Redacting Fee Statements and Post-Judgment Interest Rates
THB Construction, LLC v. Holt Texas, Ltd.Dallas Court of Appeals, No. 05-20-00020-CV (January 13, 2022)Justices Myers, Partida-Kipness (Opinion, linked here), and CarlyleKen CarrollThe opinion of the Dallas Court of Appeals in THB Construction included two important
Foreign Finality
Moreno v. HalperinDallas Court of Appeals, No. 05-20-00858-CV (December 14, 2021)Justices Myers and Garcia (Opinion, linked here) [Burns, C.J., recused]Ken CarrollFiling a “foreign” judgment for domestication in Texas under the Uniform Enforcement of Foreign Judgments Act
Finality Bites
In re Woods Capital Enterprises, LLCDallas Court of Appeals, No. 05-21-00188-CV (November 8, 2021)Justices Molberg, Reichek, and Smith (Opinion, linked here)Ken CarrollBeware Mother Hubbard, the source of unintended consequences—in this case, a loss of jurisdiction.
Was Evidence “Admitted” During Zoom Hearing?
After conducting a hearing via Zoom, the trial court entered a temporary injunction against Defendants
No Evidence? No Problem! Court Takes Judicial Notice of Property Records to Dismiss Based on Mootness
Courtney D. Alsobrook v. MTGLQ Investors, LPDallas Court of Appeals, No. 05-20-00400-CV (October 26, 2021)Justices Myers, Partida-Kipness (Opinion, linked here), and GarciaBrent Rubin Alsobrook stopped making mortgage payments on her house, and MTGLQ, the mortgagee,
