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.
Latest from Sua Sponte - A Dallas Appellate Blog by Carrington Coleman
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,
Beyond Mandamus: Writ of Injunction Secures Relief from Trial Court Order Pending Appeal
In re David MuDallas Court of Appeals, No. 05-21-00323 (October 12, 2021)Justices Myers, Partida-Kipness, and Carlyle (Opinion, linked here)Brent RubinThe trial court issued a protective order requiring Mu to complete a Batterer’s Intervention and Prevention Program
It’s Still the Law: Incorporating the AAA Rules Delegates Determination of Arbitrability to the Arbitrator
Holifield v. Barclay Properties, Ltd.Dallas Court of Appeals, No. 05-21-00239-CV (October 5, 2021)Justices Schenck (Opinion, linked here), Smith, and GarciaKen Carroll Barclay built and sold a home to the Holifields. When construction defects allegedly cropped
Law Firm Cannot Avoid Agreement to Litigate Rather Than Arbitrate
Fee, Smith, Sharp & Vitullo, LLP v. StrunkDallas Court of Appeals, No. 05-21-00003-CV (September 30, 2021)Justices Myers, Partida-Kipness (opinion available here), and CarlyleKelli Hinson The law firm Fee, Smith, Sharp & Vitullo, LLP sued its
Hey, I Didn't Rob a Bank Today – Mugshots, Defamation, and the TCPA
CBS Stations Group of Texas, LLC v. BurnsDallas Court of Appeals, No. 05-21-00042-CV (September 27, 2021)Before Justices Molberg, Nowell (Opinion), and GoldsteinNeil R. Burger Unlike most of the appeals in the Fifth Court involving
Preserve Error—Even in Arbitration
Alia Realty LLC, EED, Inc. v. AlhalwaniDallas Court of Appeals, No. 05-21-00265-CV (September 23, 2021)Justices Schenck, Smith (opinion available here), and GarciaKelli Hinson The Dallas Court of Appeals reversed a trial court’s judgment vacating the
First Things First: Due Order of Hearings for Special Appearances
Jayco Hawaii, Inc. v. Viva Railings, LLCDallas Court of Appeals, No. 05-20-00528-CV (August 25, 2021)Chief Justice Burns and Justices Molberg and Goldstein (Opinion, linked here)Ken CarrollMost lawyers know and carefully observe the “due-order-of-pleadings” requirement for a
HIGHLAND PARK IMMUNE FROM SUIT FOR DEATH OF OFFICER PERFORMING EXTRA-DUTY SECURITY SERVICE AT PRIVATE RESIDENCE
Town of Highland Park v. McCullersDallas Court of Appeals, No. 05-19-01431-CV (June 29, 2021)Chief Justice Burns (Dissent linked here), and Justices Pedersen, III (Opinion linked here) Goldstein (Concurrence linked here)Lyndon Bittle
