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In addition to other points about “apex depositions,” the supreme court rejected an argument that an unreasonable delay barred mandamus relief:

“American reasonably explained the year-long period between the trial court’s order compelling Eberwein’s deposition and American’s mandamus filing in the court of appeals. The record establishes that American did not receive notice of the order until four months after

In Li v. Pemberton Park Community Association, an opinion finding that a pro se litigant did not waive an argument about uneven enforcement of housing rules, the Court reminded: “[P]arties on appeal need not always ‘rely on precisely the same case law or statutory subpart’ on which they relied below. And while appellate courts ‘do not consider issues that

In In re Turner, the Texas Supreme Court denied a mandamus petition about the Governor’s line-item veto of Legislative funding, observing: “While the interference by one branch of government with the effectual function of another raises concerns of separation of powers, the issue presented here is primarily one of differences among legislators. Although the Governor certainly seeks to advance

If you are an email subscriber to this blog’s new posts, or subscribe to its RSS feed, please know that Google has discontinued its “Feedburner” service, so 600Camp is converting to a similar (but hopefully much improved) service offered by “Follow.it.” With luck, the transition will be seamless. But if you experience a loss of service – or the opposite

Solving several years of mischief arising from unclear statutory language, the governor recently signed an amended version of Tex. Civ. Prac. & Rem. Code § 38.001 to clarify when attorneys’ fees may be recovered in breach-of-contract actions. It is effective to cases filed on or after Sept. 12, 2021:

The post New TCPRC 38.001 appeared first on 600 Hemphill.

In the case of In the Estate of Johnson, the supreme court reaffirmed a strict approach to the “acceptance of benefits” defense in will contests: “MacNerland was put to an election: either seek to set the will aside or accept the benefits Johnson bequeathed to her. She chose the latter. As a result, she ‘must adopt the whole contents