Archives: Rehearing

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Motions for Rehearing or Reconsideration En Banc: Why Bother?

Maitreya Tomlinson
While appearing rhetorical, there is a very good reason to bother. My firm recently turned an appellant’s partially favorable result into full relief on rehearing. In doing so, we utilized the Texas appellate procedure rules, which allow parties to request that intermediate appellate courts reexamine their decisions: either by filing a motion for rehearing or … Continue Reading

Ethical Lapses in Motions for Rehearing

D. Todd Smith
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

D. Todd Smith
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

D. Todd Smith
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

A Different Result in Frank’s Casing

D. Todd Smith
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