Although 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
Tag Archives: Mootness
Does Paying a Judgment Moot the Appeal?
Posted in Appellate Practice, ProcedureA lawyer acquaintance called today to ask whether his client (which had suffered a significant money judgment) could mitigate accrual of interest by paying the judgment without rendering its anticipated appeal moot. The Texas Supreme Court laid out the basic procedure for addressing this situation in Marshall v. Housing Authority of City of San Antonio,… Continue Reading
Supreme Court Orders & Opinions 3/9/07
Posted in Original Proceedings, Perfecting Appeal, Supreme Court OrdersWith today’s orders, the Texas Supreme Court has issued per curiam opinions in six cases. In Zipp v. Wuemling, the Court held that an appeal from the district court’s guardianship decision was not rendered moot merely because the ward had died while the appeal was pending. Because issues remained with respect to who should settle… Continue Reading