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Category Archives: Rehearing

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Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review

Posted in Appellate Practice, Appellate Practice and Procedure Course, Petition for Review, Rehearing

This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when it’s already ruled against you? Merely repeating arguments you’ve already made will not do. Motions… Continue Reading

Ethical Lapses in Motions for Rehearing

Posted in Appellate Practice, Motions, Rehearing

Here is the second video from the "ethics intervention" presentation at the Advanced Appellate Seminar recently put on by the State Bar Appellate Section and TexasBarCLE,  Houston appellate lawyer David Holman once again demonstrates some things counsel should not do, this time in the context of preparing and filing a motion for rehearing in the… Continue Reading

Texas Supreme Court Orders & Opinion 10/17/08

Posted in Opinions & Judgments, Rehearing, Supreme Court Orders

The Texas Supreme Court issued one opinion with this week’s regular orders.  In DiGiuseppe v. Lawler (No. 04‑0641), the Court (Third Court of Appeals Justice Alan Waldrop—appointed under Tex. Gov’t Code § 22.005—joined by Justices Hecht, Wainwright, Brister, and Willett) held that a real-estate purchaser seeking specific performance of the contract had to prove that he was ready,… Continue Reading

Texas Supreme Court Orders & Opinions 4/4/08

Posted in Opinions & Judgments, Procedure, Rehearing, Supreme Court Orders

After last week’s barrage (from which I’m not the only one still recovering), the Texas Supreme Court issued just two decisions with this week’s orders. In Ansell Healthcare Products, Inc. v. Owens & Minor, Inc. (06-0386) (per curiam), the Court followed last week’s decision involving the same parties and issues, Owens & Minor, Inc. v. Ansell Healthcare Products,… Continue Reading

Supreme Court Enjoins Enforcement of Agency’s Data-Collection Method

Posted in Rehearing, Supreme Court Orders

The Texas Supreme Court issued one opinion with this week’s orders.  In El Paso Hospital District v. Texas Health & Human Services Commission (No. 05-0372), the Court granted the District’s motion for rehearing, withdrew the opinion issued on August 31, 2007, and substituted another in its place. In both instances, the Court held that HHSC’s… Continue Reading

A Different Result in Frank’s Casing

Posted in Rehearing, Supreme Court Orders

With today’s orders, the Texas Supreme Court issued a new opinion in Excess Underwriters at Lloyd’s, London v. Frank’s Casing Crew & Rental Tools, Inc. (No. 02-0730), possibly the oldest case on the Court’s docket.  The Court originally decided the case in May 2005, but granted respondent’s motion for rehearing in January 2006 and heard… Continue Reading