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Scott Stolley
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Texas Supreme Court weekly orders (5/17/13)
In its weekly orders (5/17/13), the Texas Supreme Court issued four opinions. Click here to read the order list. The four opinions are: 1. Tedder v. Gardner Aldrich, LLP -- This is a divorce case. The Court held that the attorney's fees of one spouse are not "necessaries" recoverable from... Continue reading
Posted 7 days ago at Texas Appellate Watch
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Vote in the State Bar Election
The run-off election for State Bar president is currently underway. The candidates are Trey Apffel, a solo practitioner from League City, and Steve Fischer, a solo practitioner from Rockport. This is an important election, as the winner will be the president during the State Bar's next sunset review in the... Continue reading
Posted May 16, 2013 at Texas Appellate Watch
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West publishes incorrect rules
We thought our readers would want to know about a notice posted on the Texas Supreme Court website, stating that the 2013 version of the Texas rules, published by West Publishing, is incorrect. Specifically, the rules book does not accurately reflect the rules that the Supreme Court promulgated for expedited... Continue reading
Posted May 7, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (5/3/13)
In its weekly orders (5/3/13), the Texas Supreme Court issued one opinion and granted review in one case. To read the order list, click here. The opinion is in Rachal v. Reitz. The Court held that an arbitration clause in a trust instrument was binding on the beneficiary. Click here... Continue reading
Posted May 3, 2013 at Texas Appellate Watch
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Texas Supreme Court oral argument (4/23/13)
The Texas Supreme Court will hear oral arguments in one case on 4/23/13. The case involves termination of parental rights. Copied below is the court staff's advisory about the oral argument, with a summary of the issues. -- Scott Stolley, Thompson & Knight Texas Supreme Court advisory Contact: Osler McCarthy,... Continue reading
Posted Apr 22, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (4/19/13)
In its weekly orders (4/19/13), the Texas Supreme Court issued two opinions, granted review in four cases, and issued new rules of procedure for justice courts. Click here to read the weekly order list. If you want to read the new rules for justice courts, click here. The two new... Continue reading
Posted Apr 19, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (4/12/13)
In its weekly orders (4/12/13), the Texas Supreme Court issued no new opinions and granted no petitions for review. Click here to read the order list. -- Scott Stolley, Thompson & Knight Continue reading
Posted Apr 12, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (4/5/13)
The Texas Supreme Court issued five opinions in its weekly orders (4/5/13). Click here to read the order list. Click here to access the opinions. We will follow up with a later post to describe the opinions. One of the opinions is in the Strickland case, involving an owner's claim... Continue reading
Posted Apr 5, 2013 at Texas Appellate Watch
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Texas Supreme Court Weekly orders (3/29/13)
In its weekly orders (3/29/13), the Texas Supreme Court issued two new opinions, issued a supplemental opinion in a previously decided case, and granted review in two cases. Click here to read the order list. The three cases with opinions are: 1. Gonzales v. Southwest Olshan Foundation Repair Co. --... Continue reading
Posted Mar 29, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (3/22/13)
In its weekly orders (3/22/13), the Texas Supreme Court issued no new opinions, and did not grant review in any cases. Click here to read the order list. -- Scott Stolley, Thompson & Knight Continue reading
Posted Mar 22, 2013 at Texas Appellate Watch
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Texas Supreme Court Weekly Orders (3/15/13)
The Texas Supreme Court issued one opinion today on an appellate procedural question: In a parental rights-termination case, In the Interest of J.M. and Z.M., before a termination order was signed, the mother’s trial counsel filed a combined “Motion for New Trial or, in the Alternative, Notice of Appeal.” He... Continue reading
Posted Mar 15, 2013 at Texas Appellate Watch
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Upcoming Texas Supreme Court Seminars
On April 12, 2013 in Austin, the State Bar Appellate Section is sponsoring its annual seminar on Practice Before the Texas Supreme Court. This year, they are adding another seminar on The History of Texas Supreme Court Jurisprudence, to be held in Austin on April 11, 2013. Thompson & Knight... Continue reading
Posted Mar 7, 2013 at Texas Appellate Watch
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Plagiarism in court papers can cost you
The ABA Journal recently posted an interesting story about a lawyer being sanctioned for plagiarism in an opposition to a motion. The court accepted the movants' accusation that "almost the entire text of the Opposition is taken from unidentified, unattributed sources." The court ruled that "this type of conduct is... Continue reading
Posted Mar 4, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (3/1/13)
In its weekly orders (3/1/13), the Texas Supreme Court issued no new opinions and did not grant review in any cases. Click here to read the order list. -- Scott Stolley, Thompson & Knight Continue reading
Posted Mar 1, 2013 at Texas Appellate Watch
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Texas Supreme Court oral arguments (2/28/13)
The Texas Supreme Court will hear oral arguments in two related cases on 2/28/13. The cases are Texas Comm'n on Envtl. Quality v. City of Waco and Texas Comm'n on Envtl. Quality v. Bosque River Coalition. The common issue is whether the Commission had to hold a contested-case hearing on... Continue reading
Posted Feb 27, 2013 at Texas Appellate Watch
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Texas Supreme Court to hear arguments at Austin College (2/26/13)
As part of its outreach effort, the Texas Supreme Court will hear oral arguments at Austin College in Sherman on 2/26/13. The court will hear two cases. The first case involves the standard for proving shareholder oppression and the remedy if there is oppression. The second case involves a certified... Continue reading
Posted Feb 25, 2013 at Texas Appellate Watch
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New Rules for Dismissals and Expedited Lawsuits
In a final order issued on Feburary 12th, the Texas Supreme Court issued new rules for (1) dismissal of baseless causes of action, and (2) expedited handling of lawsuits in which the plaintiff seeks only monetary relief of $100,000 or less. Click here to read the new rules. These rules... Continue reading
Posted Feb 14, 2013 at Texas Appellate Watch
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Is a new-trial order bulletproof?
For decades, Texas courts said that trial courts have discretion to grant a new-trial "in the interest of justice." But after the decision in In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204 (Tex 2009) (orig. proceeding), that is no longer true. Trial courts must now... Continue reading
Posted Feb 11, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (2/8/13)
In its orders this week (2/8/13), the Texas Supreme Court issued no opinions and did not grant review in any cases. Click here to read the order list. -- Scott Stolley, Thompson & Knight Continue reading
Posted Feb 8, 2013 at Texas Appellate Watch
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New PJC Editions Published
The new 2012 edition of the Texas Pattern Jury Charges (Business, Consumer, Insurance, Employment) has just been published. Major changes from the last edition include: (1) a new question about breach of fiduciary duty defined by statute or contract; (2) revised admonitory instructions to conform to new Texas Supreme Court... Continue reading
Posted Feb 1, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (2/1/13)
In its weekly orders (2/1/13), the Texas Supreme Court issued one opinion and granted review in two related cases. Click here to read the order list. The opinion is in Rodriguez-Escobar v. Goss, which involves the suicide of a psychiatric patient. The patient's family sued her psychiatrist for failing to... Continue reading
Posted Feb 1, 2013 at Texas Appellate Watch
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How long are a trial court's arms?
Posted Jan 31, 2013 at Texas Appellate Watch
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When is force majeure an excuse?
Force-majeure clauses are tricky and prone to litigation when invoked. The Fifth Circuit recently confronted this when interpreting force-majeure clauses in two gas-supply contracts. Click here to read Ergon-West Virginia, Inc. v. Dynegy Marketing & Trade. The supplier, Dynegy, invoked the force-majeure clauses after two hurricanes extensively disrupted gas supplies.... Continue reading
Posted Jan 29, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (1/25/13)
In its weekly orders (1/25/13), the Texas Supreme Court issued six opinions, but did not grant any cases for review. Click here to read the weekly order list. The six opinions are: 1. Brannan v. State -- Some owners of beachside homes complained that there was a constitutionally compensable taking... Continue reading
Posted Jan 25, 2013 at Texas Appellate Watch
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Texas Supreme Court weekly orders (1/18/13)
In its weekly orders (1/18/13), the Texas Supreme Court issued no new opinions. The Court granted review in one case, which is Combs v. Health Care Serv. Corp., involving application of a sales-tax exemption. Click here to read the weekly order list. -- Scott Stolley, Thompson & Knight Continue reading
Posted Jan 19, 2013 at Texas Appellate Watch
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