Texas Appellate Law Blog: Appellate Law

Home -> Law Blog Directory -> Appellate Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Appellate Law

Texas Appellate Law Blog

Civil appellate practice tips, resources, and news on matters before the Texas appellate courts.
By D. Todd Smith

Post Frequency: 3.6/day

Last Entry: March 30, 2011 at 10:25:22

This Week's Supreme Court Orders

Posted on March 14, 2008
The Texas Supreme Court released no new opinions with this week's short set of orders. March has been quiet thus far, but I suspect we'll see a flurry of new decisions before month's end.

LexBlog Rollout

Posted on March 13, 2008
I am pleased to announce that this blog has moved over to the LexBlog platform. The new URL is http://texasappellatelawblog.com.All previous posts have been incorporated into the new format, and the old URL will remain active for a few weeks to ensure a smooth transition...

Supreme Court Orders & Programming Note

Posted on March 07, 2008
The Texas Supreme Court kicked off Spring Break here in Austin by issuing no opinions with today’s orders. Of interest, the Court set two cases for oral argument in Lubbock under the Texas Constitution’s “traveling roadshow” provision (art...

Supreme Court Orders & Programming Note

To access this complete feed in the blog feed reader login or register for free.

Fourth Court, Only Two Webcasts for You!

Posted on March 04, 2008
If something looks too good to be true, it probably is. So it goes with the notion that the Fourth Court of Appeals would begin regularly webcasting oral arguments through the St. Mary’s Law School web site. According to the Tex Parte blog, the Fourth Court will hear two cases tomorrow on the St...

Request Did Not Extend Time for Appealing Summary Judgment

Posted on March 04, 2008
In Finney v. Vanderbilt Mortgage & Finance, Inc. (No. 03-07-00329-CV), the Third Court of Appeals reminds us that a request for findings of fact and conclusions of law does not extend the deadline for filing a notice of appeal from a summary judgment...

Fourth Court, Only Two Webcasts for You!

Posted on March 04, 2008
If something looks too good to be true, it probably is. So it goes with the notion that the Fourth Court of Appeals would begin regularly webcasting oral arguments through the St. Mary's Law School web site.According to the Tex Parte Blog, the Fourth Court will hear two cases tomorrow on the St...

Request Did Not Extend Time for Appealing Summary Judgment

Supreme Court Applies Lamar Homes in Rare February 29 Decision

Posted on February 29, 2008
The Texas Supreme Court issued one opinion with this week’s orders. In Grimes Construction, Inc. v. Great American Lloyds Insurance Co. (No. 06-0332) (per curiam), the Court reversed after concluding that the court of appeals’ decision conflicted with Lamar Homes, Inc...

Supreme Court Applies Lamar Homes in Rare February 29 Decision

Posted on February 29, 2008
The Texas Supreme Court issued one opinion with this week's orders. In Grimes Construction, Inc. v. Great American Lloyds Insurance Co. (No. 06-0332) (per curiam), the Court reversed after concluding that the court of appeals' decision conflicted with Lamar Homes, Inc...

"Justice Delayed?" More Supreme Court Backlog Backlash

Posted on February 28, 2008
Last night, WFAA-TV in Dallas ran a news feature (entitled “Justice Delayed?”) addressing the “backlog problem” at the Texas Supreme Court. Investigative reporter Byron Harris took the lead, and Austin public interest group Texas Watch contributed...

"Justice Delayed?" More Supreme Court Backlog Backlash

Posted on February 28, 2008
Last night, WFAA-TV in Dallas ran a news feature (entitled "Justice Delayed?") addressing the "backlog problem" at the Texas Supreme Court. Investigative reporter Byron Harris took the lead, and Austin public interest group Texas Watch contributed...

Fourth Court to Begin Live Webcasts

Posted on February 27, 2008
Although I haven’t seen an official announcement (or any publicity whatsoever), it looks as if the Fourth Court of Appeals will begin webcasting oral arguments through the St. Mary’s University web site on March 5, 2008. The Fourth Court would be the logical choice for expanding the webcasting program, considering that St...

Fourth Court to Begin Live Webcasts

Posted on February 27, 2008
Although I haven't seen an official announcement (or any publicity whatsoever), it looks as if the Fourth Court of Appeals will begin webcasting oral arguments through the St. Mary's University web site on March 5, 2008.The Fourth Court would be the logical choice for expanding the webcasting program, considering that St...

Federal Suit Challenges Chapter 74 Damages Caps

Posted on February 26, 2008
As reported in The Houston Chronicle, a group of 11 plaintiffs have brought a putative class action in federal district court in Marshall seeking to have the Chapter 74 medical malpractice damage caps declared unconstitutional. Among the plaintiffs is former Dallas Cowboy Ron Springs, who has been in a coma since late last year following [...

"Bad Result" Instruction Properly Refused in Pre-HB4 Case

Posted on February 26, 2008
In Austin Periodontal Associates, Inc. v. Husak (No. 03-07-00125-CV), a pre-House Bill 4 dental malpractice case, the Third Court of Appeals has affirmed a $503,923 judgment rendered after a jury trial. The dentist and his employer challenged the judgment on several grounds, most of which involved evidentiary complaints...

Federal Suit Challenges Chapter 74 Damages Caps

"Bad Result" Instruction Properly Refused in Pre-HB4 Case

Posted on February 26, 2008
In Austin Periodontal Associates, Inc. v. Husak (No. 03-07-00125-CV), a pre-House Bill 4 dental malpractice case, the Third Court of Appeals has affirmed a $503,923 judgment rendered after a jury trial. The dentist and hisemployer challenged the judgment on several grounds, most of which involved evidentiary complaints...

Bad Day for the Belts

Posted on February 22, 2008
Appellants surnamed Belt had a rough day in the Third Court of Appeals. In opinions written by Justice Jan Patterson (pictured), the Court dismissed for want of jurisdiction two restricted appeals brought by Robert Belt and one brought by Justin Belt...

Supreme Court Enjoins Enforcement of Agency?s Data-Collection Method

Posted on February 22, 2008
The Texas Supreme Court issued one opinion with this week’s orders. In El Paso Hospital District v. Texas Health & Human Services Commission (No. 05-0372), the Court granted the District’s motion for rehearing, withdrew the opinion issued on August 31, 2007, and substituted another in its place...

Bad Day for the Belts

Posted on February 22, 2008
Appellants surnamed Belt had a rough day in the Third Court of Appeals.In opinions written by Justice Jan Patterson (pictured), the Court dismissed for want of jurisdiction two restricted appeals brought by Robert Belt and one brought by Justin Belt. All three cases are styled Belt v...

Supreme Court Enjoins Enforcement of Agency's Data-Collection Method

Posted on February 22, 2008
The Texas Supreme Court issued one opinion with this week's orders. In El Paso Hospital District v. Texas Health & Human Services Commission (No. 05-0372), the Court granted the District's motion for rehearing, withdrew the opinion issued on August 31, 2007, and substituted another in its place...

Fairfield Raises More Questions Than It Answers

Posted on February 22, 2008
Of all the Texas Supreme Court decisions issued last week, Fairfield Insurance Co. v. Stephens Martin Paving, LP (04-0728) is arguably the most significant. In that case, the Court answered "no"—sort of—to the Fifth Circuit's certified question, "Does Texas public policy prohibit a liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of gross negligence?"More accurately, the Court reframed the question narrowly and answered it this way: "Pursuant to article V, section 3-c of the Texas Constitution and rule 58...

Bluebook Available Online?For a Price

Posted on February 21, 2008
As part of my year-end spending spree (which my accountant recommended to maximize business deductions–but that’s another story), I purchased the 18th Edition of The Bluebook: A Uniform System of Citation. Now, the good folks at Harvard Law Review have announced that they are making an online version available on a subscription basis...

Fairfield Raises More Questions Than It Answers

Posted on February 21, 2008
Of all the Texas Supreme Court decisions issued last week, Fairfield Insurance Co. v. Stephens Martin Paving, LP (04-0728) is arguably the most significant. In that case, the Court answered “no”–sort of–to the Fifth Circuit’s certified question, “Does Texas public policy prohibit a liability insurance provider from indemnifying an award for punitive damages imposed on [...

Bluebook Available Online—For a Price

Posted on February 21, 2008
As part of my year-end spending spree (which my accountant recommended to maximize business deductions—but that's another story), I purchased the 18th Edition of The Bluebook: A Uniform System of Citation. Now, the good folks at Harvard Law Review have announced that they are making an online version available on a subscription basis...

More on Grisham?s The Appeal

Posted on February 20, 2008
Following up on this post, I finished reading John Grisham’s The Appeal this past weekend. As some reviews have noted, the story is more about the politics of judicial elections than the actual appellate process, which is barely mentioned at all...

More on Grisham's The Appeal

Posted on February 20, 2008
Following up on this post, I finished reading John Grisham's The Appeal this past weekend. As some reviews have noted, the story is more about the politics of judicial elections than the actual appellate process, which is barely mentioned at all...

The Appellate Judge?s Unshared Opinion

Posted on February 19, 2008
In today’s On Appeal column, Law.com’s Howard Bashman discusses those instances in which an appellate judge, rather than writing a separate concurring opinion, merely issues a short statement to the effect that he or she concurs in the result...

The Appellate Judge's Unshared Opinion

Posted on February 19, 2008
In today's On Appeal column, Law.com's Howard Bashman discusses those instances in which an appellate judge, rather than writing a separate concurring opinion, merely issues a short statement to the effect that he or she concurs in the result. While somewhat rare, Texas appellate justices occasionally engage in this practice...

Previous | Next

Related Law Bulletins

Texas Governor Takes Surprising Stand In Favor Of Immigrants
Texas Governor Rick Perry, normally an ultra-conservative, surpris...

District Judge Upholds Texas' Moment of Silence Law
In 2003, the Texas legislature amended a "moment of silence" law s...

Irving, Texas Losing Students Due To Immigration Crackdown?
The Dallas Morning News had an interesting story Sunday about the ...

Two New USCIS Training Centers To Open In North Texas
The Dallas Morning News reports today that two regional training c...

Comprehensive Explanation of Irving, Texas Immigration Situation
The Dallas Morning News has a very good series of articles today a...