Tag Archives: Summary Judgment

It’s Alive! Revive Your Dead Motions and Defend a Favorable Judgment With a Proper Appeal

Maitreya Tomlinson
While relatively short, a recent Third Court of Appeals memorandum decision is rife with lessons for attorneys defending favorable summary judgments made on superseded motions. The dispute in Larivee v. Louis meant to center on tenant-landlord issues concerning a carpet’s condition. Unfortunately, especially for the appellant, the case’s procedural posture forced the Third Court to focus … Continue Reading

Second Bites at the Summary-Judgment Apple (Part II)

Laura P. Haley
In my last post, I addressed the significance of the burden in framing your response to a motion for summary judgment and in your appeal from an adverse summary judgment. In this post, I address getting your evidence in the record and keeping the other side’s out, amending your petition, and filing an appeal from … Continue Reading

Second Bites at the Summary-Judgment Apple (Part I)

Laura P. Haley
All litigators file or respond to dispositive motions, including motions for summary judgment. Dispositive motions are an opportunity for trial attorneys to implement their trial strategy, using the facts in their cases to gain a tactical advantage, whether by eliminating claims or defenses, educating the judge, or poisoning the well. But dispositive motions also require … Continue Reading

Texas Supreme Court Orders & Opinion 10/19/07

D. Todd Smith
The Texas Supreme Court issued one opinion with today’s orders.  In Yancy v. United Surgical Partners Inc. (05-0925), a summary judgment case, the Court held that the two-year statute of limitations in the former Medical Liability Act did not violate the Texas Constitution’s open courts guarantee on the record presented.  Although the Court concluded that … Continue Reading

Omitting Costs Did Not Affect Judgment Finality

D. Todd Smith
In Saudi Refining, Inc. v. Combs, the Third Court of Appeals has held that it lacked jurisdiction to decide an appeal from a summary judgment signed in 2003.  In an opinion authored by Chief Justice W. Kenneth Law (pictured), the court rejected an argument that the omission of costs sought by the defendants was sufficient … Continue Reading

Supreme Court Ends Summer Recess

D. Todd Smith
The Texas Supreme Court ended its summer recess with a bang by issuing seven opinions today. In In re H&R Block Financial Advisors, Inc., the per curiam Court conditionally granted mandamus relief from a trial court’s order refusing to stay the plaintiffs’ lawsuit in light of an arbitration clause.  The Court rejected the plaintiffs’ attempts … Continue Reading

Summary Judgment Proper on Survival Claim

D. Todd Smith
In Polk v. City of Killeen, the Third Court of Appeals has affirmed a take nothing summary judgment on the plaintiff’s survival claim.  What makes this otherwise run-of-the-mill decision interesting is that the claim arose from a collision between an ambulance transporting the decedent (who had been found unresponsive at his workplace) and another vehicle. … Continue Reading

Supreme Court Orders & Opinions 3/2/07

D. Todd Smith
It’s been a busy week at the Texas Supreme Court.  Today’s orders included opinions in the following six cases: In Citizens Insurance Co. v. Daccach, the court of appeals affirmed the trial court’s certification of a worldwide class of securities purchasers. The supreme court reversed,decertified the class, and remanded the case to the trial court, … Continue Reading

Newspaper Was Entitled to Summary Judgment in Defamation Suit

D. Todd Smith
In Cox Newspapers, L.P. v. Penick, a media defendant’s interlocutory appeal from an order partially denying summary judgment, the Third Court of Appeals has held that a former Bastrop County district attorney presented no evidence that one of several newspaper articles about a murder trial he prosecuted was "of and concerning" him (as required under … Continue Reading