Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : Smith Law Group, P.C. : Appeals, Sanctions, Summary Judgment : Austin, Texas

The Governor's Office has announced the appointment of Judge Jeff Rose (pictured) to fill the vacancy created by former Justice Alan Waldrop's resignation from the Third Court of Appeals.  Last week, Judge Rose lost a bid to remain on Travis County's 353rd District Court, a bench to which Governor Perry appointed him following Judge Scott Ozmun's untimely death.

Earlier this week, Governor Perry appointed former Harris County District Judge Harvey Brown to fill a vacancy on Houston's First Court of Appeals.  Brown had been in private practice at Wright, Brown & Close.

Justices Rose and Brown will each have to run in the 2012 general election to retain their new seats.

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The St. Mary's Law Journal will soon publish a new version of W. Wendell Hall's Standards of Review in Texas.  The original article has been revised several times over the years to reflect changes in the law and to cite new and updated authorities.  The new version will feature a foreword from Texas Supreme Court Chief Justice Wallace Jefferson.

I had the privilege of working with Wendell for a number of years and consider him one of my most influential mentors.  From Wendell, I learned that knowing and discussing the standard of review is critical in every appellate matter.  My entire career, I have kept a copy of the article's then-current version within reach of my keyboard.  With the possible exception of a Westlaw or Lexis subscription, Standards of Review is the single most important resource available to Texas civil appellate practitioners.

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For results in the contested appellate judicial races, see this post covering the March primary.  The Republican candidates won every seat.

That includes Place 3 on the Thirteenth Court of Appeals, a spot incumbent Justice Linda Yañez has held since 1993.  Republican Greg Perkes defeated Justice Yañez in the tightest appellate-court race of the night, 50.81 to 49.18 percent, a margin of only 4,377 votes.

In the Third Court of Appeals, former justice of the peace and criminal district judge Melissa Goodwin (pictured) defeated appellate specialist Kurt Kuhn after a hard-fought campaign for an open seat.  With that slot settled, the question remains who Governor Perry will appoint to replace recently departed Justice Alan Waldrop,  When the appointee and Justice-Elect Goodwin take office, Republicans will hold a 4-to-2 edge over Democrats on the Third Court.

Related Posts:

• Austin Chronicle Covers Kuhn-Goodwin Race
• Justice Waldrop Leaving Third Court of Appeals
• 2010 Primary Election Roundup
• Let the 2010 Judicial Races Begin! 

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