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
Latest from Sua Sponte - A Dallas Appellate Blog by Carrington Coleman
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
While Yedlapalli was stopped at a stop sign, Jaldu rear-ended her. Yedlapalli …
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
Not So Fast: Trial Court Cannot Compel Discovery While Plea to Jurisdiction Attacking Pleadings Is Pending
In re Dallas County, Texas and Dallas County Constable Bill GipsonDallas Court of Appeals, No. 05-21-01144 (May 10, 2022)Justices Myers, Partida-Kipness (Opinion, linked here), and CarlyleBrent RubinAfter Gipson was elected constable, he told deputy constables Woodard
Splitting with Sister Courts, the Dallas Court of Appeals Holds Post-Judgment Interest Applies to Judgments Confirming Arbitration Awards
Bluestone Resources, Inc. v. First National Capital, LLCDallas Court of Appeals, No. 05-20-00776-CV (April 29, 2022)Justices Reichek (Opinion, linked here), Nowell, and CarlyleRobert FountainFirst National secured an award in arbitration against Bluestone. When First National sought
Going Paperless in a Spoliating World
Power v. PowerDallas Court of Appeals, No. 05-19-01557-CV (May 3, 2022)Justices Molberg, Nowell (Opinion), and GoldsteinNeil R. BurgerIn Power v. Power, the Fifth Court confronted a spoliation jury instruction given after a company went
