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
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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…
PSA—Ask for Permission, Not Forgiveness!
In re D.M.Dallas Court of Appeals, No. 05-21-00185-CV (April 21, 2022)Justice Goldstein (Concurring Opinion linked here)Kelli HinsonIn a public service announcement to the bar, written to “draw attention to a disturbing trend,” Justice Goldstein pleaded for…
Mandamus Relief for Denial of Advancement of Defense Costs
In re DeMattiaDallas Court of Appeals, No. 05-21-00460-CV (April 12, 2022)Justices Schenck, Nowell (Opinion, linked here), and GarciaBrent M. RubinMark DeMattia co-owned Restoration Specialists, LLC and served as its managing member. In 2018, he sold the…
Beware the TRAP: The Deadline to Appeal after Filing a Post-Judgment Motion
Nur Ali v. Spectra BankDallas Court of Appeals, No. 05-21-01113-CV (April 6, 2022)Chief Justice Burns, Justice Molberg (Opinion, linked here), and Justice GoldsteinA to Z Wholesale Wine & Spirits, LLC, v. Spectra BankDallas Court of Appeals,…
Standing to Challenge Zoning Decisions
City of Dallas v. HomanDallas Court of Appeals, No. 05-20-01111-CV (March 31, 2022)Justices Carlyle, Smith, and Garcia (Opinion available here)Kelli HinsonKatherine Homan filed a declaratory judgment action claiming that an amended zoning ordinance was invalid. The…
Must-Read Opinion Regarding Return-of-Service Affidavits
Mesa SW Management, LP v. BBVA USADallas Court of Appeals, No. 05-20-01091-CV (February 24, 2022)Justices Myers, Osborne, and Nowell (Opinion available here)Kelli HinsonHanging on to a no-answer default judgment is hard. And it may have just…