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,
Latest from Sua Sponte - A Dallas Appellate Blog by Carrington Coleman - Page 2
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…
Post-Petition Developments Derail Mandamus
In re Am Re Syndicate, Inc.Dallas Court of Appeals, No. 05-21-00358-CV (February 23, 2022)Justices Myers (Opinion, linked here), Partida-Kipness, and CarlyleKen CarrollOrdinarily, an appeal or mandamus is decided on the basis of the record before the…
Court-Ordered Mediation on Appeal
Newsom, Terry & Newsom, LLP v. Henry S. Miller Commercial Co.Dallas Court of Appeals, No. 05-20-00379-CV (February 22, 2022)Justice Carlyle (Order, linked here)Brent M. RubinIn the U.S. Court of Appeals for the Fifth Circuit, it’s not…
Squashed: Probate Exception Does Not Provide Jurisdiction over Roach’s Appeal
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…
Don’t Sleep on Mandamus in Dallas
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…