This is the second installment of my series entitled "20 Questions About Texas Appellate Practice." The question answered here is: "What kinds of orders are subject to appeal in Texas?" Visit the original post (linked above) for the list of questions updated with links to their respective answers. Generally, a trial court’s rulings in civil cases are not subject to appeal until… Continue Reading
The Texas Supreme Court issued 11 decisions, all but three of them per curiam, with this week’s orders. They are: In re H.V. (No. 06-0005), a juvenile justice case involving the suppression of evidence and appellate review under Section 56.03(b) of the Texas Family Code. Lewis v. Funderburk (No. 06-0518), resolving a 12-2 split among the… Continue Reading
Appellants surnamed Belt had a rough day in the Third Court of Appeals. In opinions written by Justice Jan Patterson (pictured), the Court dismissed for want of jurisdiction two restricted appeals brought by Robert Belt and one brought by Justin Belt. All three cases are styled Belt v. Point Venture Property Owners’ Association, Inc., and… Continue Reading
In AXA Financial, Inc. v. Roberts, a consolidated interlocutory appeal and mandamus proceeding previously discussed here, the Third Court of Appeals has turned away efforts to compel arbitration under both the Texas and federal statutes. The court first held that it lacked jurisdiction over the interlocutory appeal because the notice of appeal was not filed… Continue Reading
How Appealing blogger and Law.com correspondent Howard J. Bashman has this thoughtful commentary on the ups and downs of trying to get an otherwise-unappealable federal district court order certified as final under Federal Rule of Civil Procedure 54(b). If you have issues unrelated to the remaining portion of the case and immediate appellate review (as opposed… Continue Reading
I must admit, SB 1167 has flown under my radar. This bill addresses a problem I ranted about earlier and, if passed, could eliminate "dual track" review of orders denying arbitration. View the bill analysis here.
In In re AXA Financial, Inc., the Third Court of Appeals has consolidated a mandamus with an interlocutory appeal from an order denying the defendants’ motion to compel arbitration. To be honest, this event is not terribly noteworthy, but with the legislature in session, it seems timely to mention the procedural gaffe that triggers such… Continue Reading
In Rainbow Group, Ltd. v. Wagoner, the Third Court of Appeals has dismissed a class action defendant’s interlocutory appeal from an order denying its motion to decertify the class and an order granting the plaintiffs’ motion to amend the certification. The court of appeals held that it lacked jurisdiction becausethe first order was not subject… Continue Reading