The Texas Supreme Court issued no opinions with this week’s regular orders. Things have been very quiet lately. The Court has conferences scheduled for Monday and Tuesday of next week and again on February 23 and 24, so I suspect the floodgates will open and we’ll have several new decisions before month’s end. In other matters… Continue Reading
Monthly Archives: February 2009
Interlocutory Appeal After Final Judgment?
Posted in Perfecting Appeal, ProcedureAlthough appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by statute until the interlocutory appeal is resolved, But sometimes the trial court renders a final judgment before then. What does one do in that situation? File an amended notice of appeal? No,… Continue Reading
Third Court Upholds Future Mental Anguish Award
Posted in Jury Charges, Opinions & JudgmentsIn Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church’s no-evidence challenge to that award after determining that the… Continue Reading