In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among the intermediate courts of appeals and answered the question, “No.” Let me set the stage a… Continue Reading
The Texas Supreme Court has issued an order correcting some of its recent amendments to the Texas Rules of Appellate Procedure. The most notable correction involves the certificate-of-compliance requirement regarding the new word count limits previously discussed here, here, and here. By adding the language underlined below, the Court has made clear that no certificate… Continue Reading
Texas appellate e-filing continues to evolve at a rapid pace. Effective September 12, 2011, attorneys filing documents in the Texas Supreme Court must do so electronically. Pro se parties may e-file, or they may submit paper documents. View the Court’s latest e-filing order here. Don Cruse has broken down the new order over at the… Continue Reading
For the past couple of weeks, we have seen a slowdown from a very busy spring and early summer at the Texas Supreme Court. That’s because the Court has entered its traditional "summer recess," which generally begins in early July and ends in late August. The Court’s recent orders have focused on firming up oral… Continue Reading
Historically, Texas trial judges have been afforded very broad discretion in granting new trials. Readers who took a Texas civil procedure course in law school may recall being taught that an order granting a new trial may be reviewed under only two circumstances: (1) when the order is void (such as when the trial court… Continue Reading
The Texas Supreme Court released two new opinions with this week’s regular orders, both of which involved petitions for writ of mandamus. In In re Hall (No. 07-0322), the Court held that an indigent adult who had been adjudicated delinquent as a minor and received a 40-year sentence had no statutory right under the Juvenile… Continue Reading
Not surprisingly, the Texas Supreme Court released no new opinions with its Spring Break week orders.
The Texas Supreme Court issued no new opinions with this week’s regular orders. The upcoming week is Spring Break in and around Austin. The Court next meets in conference on March 23 & 24.
The Texas Supreme Court released one new opinion with today’s regular orders. In Phillips v. Bramlett (No. 07-0522), the Court considered the relationship between (1) former Article 4590i’s cap limiting physicians’ (and other health care providers’) liability to $500,000, adjusted for inflation (Section 11.02(a)); and (2) the exception to this cap that applies when the… Continue Reading
Well, we know what I’ve not been doing much of lately—blogging. Since my last entry, I have helped with a jury trial here in Travis County, immersed myself in a complex adversary proceeding in bankruptcy court that’s set for a two-week trial later this month, done some things to get ready for the official opening… Continue Reading
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
The Texas Supreme Court released no new opinions with this week’s regular orders. What struck me about these orders is the unusually high number of cases abated in light of bankruptcy proceedings. I suppose that’s a sign of the times.
The Texas Supreme Court issued one decision with this week’s exceptionally short set of regular Friday orders. In In re Watkins (No. 06-0653), the Court denied mandamus relief from an order granting the plaintiff a 30-day extension of time for filing an expert report under CPRC § 74.351(a). The Court released concurring opinions from Chief Justice Jefferson (joined by Justice O’Neill), Justice… Continue Reading
The Texas Supreme Court issued no new opinions with this week’s regular orders. It did, however, release a corrected opinion in Columbia Medical Center of Las Colinas, Inc. v. Hogue (04-0575) that clarified when the 2003 amendments to the statutory interest rate became effective. The Supreme Court of Texas Blog provides a redline comparison here.
The Texas Supreme Court issued four decisions with this week’s regular orders, the first set released in 2009. All of the opinions and available electronic briefs and oral argument audio files are available through this link. To review Osler McCarthy’s summaries, click here.
The Texas Supreme Court issued five new opinions and one supplemental opinion on rehearing with this week’s regular orders, its last set for 2008. The next regular orders will be released on Friday, January 9, 2009. Osler McCarthy’s opinion summaries are available here.
After a week filled with oral arguments, the Texas Supreme Court released no new opinions with this week’s regular orders. The Court will be in conference on Monday and Tuesday, so we’ll likely see some decisions next Friday.
The Texas Supreme Court issued four new decisions with this week’s orders. Links to the opinions are available here. The two signed opinions involved mandamus actions. (The other two were per curiam opinions on petitions for review.) I haven’t looked at the statistics, but it seems as if the Court has put out more mandamus decisions than usual… Continue Reading
The Texas Supreme Court issued two new opinions with this week’s regular orders. They are: Wagner & Brown, Ltd. v. Sheppard (No. 06-0845), holding that, under the applicable pooling clauses, expiration of a lease in a pool of oil-and-gas-producing properties did not destroy the mineral interest owner’s participation in the pooled unit. The Court remanded for a reassessment of the operator’s damages… Continue Reading
The Texas Supreme Court decided seven new cases with this week’s orders. For details, please see Osler McCarthy’s case summaries, which I have made available here.
The Texas Supreme Court issued no new opinions with this week’s orders. After several quiet weeks, and now that the election is over, I would expect some decisions next Friday.
The Texas Supreme Court issued no new opinions with this week’s regular orders. Happy Halloween!
The Texas Supreme Court issued no opinions with this week’s orders. Of interest, the Court issued stays in three mandamus cases, a subject on which I happen to be speaking today (mandamuses, not stays).
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