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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 & Opinions

Posted on February 15, 2008
The Texas Supreme Court has been busy, issuing opinions in six cases with this week’s orders. The Court decided matters involving contractual indemnity and prompt-payment claims (on rehearing), class actions, jurisdiction under Chapter 21 of the Property Code, insurance coverage for punitive damages, an insurer’s duties to a potential additional insured, and the Good Samaritan defense...

This Week's Supreme Court Orders & Opinions

Posted on February 15, 2008
The Texas Supreme Court has been busy, issuing opinions in six cases with this week's orders. The Court decided matters involving contractual indemnity and prompt-payment claims (on rehearing), class actions, jurisdiction under Chapter 21 of the Property Code, insurance coverage for punitive damages, an insurer's duties to a potential additional insured, and the Good Samaritan defense...

Supreme Court Distinguishes In re J.A.J.

Posted on February 08, 2008
The Texas Supreme Court issued one opinion with today’s orders. In In re D.N.C. (No. 07-0621) (per curiam), a family law case consolidated with four others involving the same parent, the Court explained its denial of the Department of Family and Protective Services’ petitions for review...

Supreme Court Distinguishes In re J.A.J.

Posted on February 08, 2008
The Texas Supreme Court issued one opinion with today's orders. In In re D.N.C. (No. 07-0621) (per curiam), a family law case consolidated with four others involving the same parent, the Court explained its denial of the Department of Family and Protective Services' petitions for review...

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Class Members Lacked Standing

Posted on February 01, 2008
The Texas Supreme Court issued one opinion other than the new decision in Frank’s Casing with today’s orders. In DaimlerChrysler Corp. v. Inman (No. 03-1189) (written by Justice Hecht, joined by Justices Wainwright, Brister, Medina, and Willett), the Court dismissed a putative class action for want of jurisdiction on the ground that the plaintiffs’ claims–which involved [...

A Different Result in Frank?s Casing

Posted on February 01, 2008
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 [...

Class Members Lacked Standing

Posted on February 01, 2008
The Texas Supreme Court issued one opinion other than the new decision in Frank's Casing with today's orders. In DaimlerChrysler Corp. v. Inman (No. 03-1189) (written by Justice Hecht, joined by Justices Wainwright, Brister, Medina, and Willett), the Court dismissed a putative class action for want of jurisdiction on the ground that the plaintiffs' claims—which involved seat belt buckles that were allegedly too easy to unlatch unintentionally—were too speculative and hypothetical to confer standing...

A Different Result in Frank's Casing

Posted on February 01, 2008
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 re-argument a month later...

Third Court Taking Courtesy E-Copies

Posted on January 29, 2008
As a follow up to this post on the status of e-filing in the Texas appellate courts, the Third Court of Appeals is now accepting electronic courtesy copies. The court is also asking (but not requiring) the party responsible for requesting or filing the record and briefs to submit e-copies of such documents on a [...

John Grisham?s New Book, The Appeal

Posted on January 29, 2008
If you haven’t already heard, John Grisham has a new legal thriller out. It’s called The Appeal. Here’s an excerpt from Charles Taylor’s review at Bloomberg.com: [The defendant’s] next step, of course, is to appeal the verdict...

Third Court Taking Courtesy E-Copies

John Grisham's New Book, The Appeal

Posted on January 29, 2008
If you haven't already heard, John Grisham has a new legal thriller out. It's called The Appeal. Here's an excerpt from Charles Taylor's review at Bloomberg.com: [The defendant's] next step, of course, is to appeal the verdict. Knowing that it will take several years for the case to reach the state Supreme Court, the company decides to buy a seat...

Interesting Statistics

Posted on January 28, 2008
The following chart from the Houston Chronicle depicts how long argued cases have been pending before the Texas Supreme Court and the number of deciding opinions each of the justices wrote in Fiscal Year 2007. Though intended to expand on recent controversies, it provides some perspective nonetheless.

A Blockbuster Week at the Supreme Court

Posted on January 25, 2008
The Texas Supreme Court has been productive despite all the recent controversy (WSJ Law Blog coverage here and here), churning out eight decisions with this week’s orders. The cases involved fraud claims, annexation, land titles, improper jury argument, apex depositions, governmental immunity, potential waiver of the right to appeal, and election law...

Welcome Supreme Court of Texas Blog!

Posted on January 23, 2008
Austin appellate lawyer Don Cruse recently launched the Supreme Court of Texas Blog, which is definitely worth checking out if you haven’t seen it yet. Don covers some of the same ground I do, but his focus is narrower and deeper. I have added a link to his blog under the “Texas Law Blogs” section of my blogroll...

DRI Appellate Advocacy Seminar Set for February 28-29

Posted on January 21, 2008
My fellow appellate lawyer Ray Ward (who writes a couple of excellent blogs, the (new) legal writer and Minor Wisdom) asked me to plug the upcoming DRI Appellate Advocacy Seminar, to be held at the J. W. Marriott Orlando, Grande Lakes (that’s Florida, folks) on February 28?29, 2008...

No Supreme Court Opinions This Week

Posted on January 18, 2008
The Texas Supreme Court issued no opinions with this week’s orders. In other Court news, however, Chief Justice Jefferson has issued a statement expressing the Court’s dismay concerning Justice Medina’s indictment in Harris County in connection with the fire that destroyed his Houston-area home last summer...

State Employees? Birth Dates Are Public Information

Posted on January 17, 2008
In Texas Comptroller of Public Accounts v. Attorney General of Texas (No. 03-07-00102-CV), the Third Court of Appeals has agreed with an attorney general opinion that state employees’ birth dates are public information subject to disclosure under the Texas Public Information Act...

Blawg Review Nominations

Posted on January 14, 2008
I had the privilege of hosting Blawg Review #123 back in August. As a contributor, I have been asked to nominate other issues for Blawg Review of the Year. My nominations are: Blawg Review #110, a special Memorial Day commemoration from Biker Law Blogger Norman Gregory Fernandez...

This Week?s Supreme Court Orders & Opinions

Posted on January 11, 2008
The Texas Supreme Court released four opinions with this week’s orders: In PAJ, Inc. v. Hanover Insurance Co. (No. 05-0849), a five-member majority (Justice O’Neill, joined by Chief Justice Jefferson and Justices Brister, Medina, and Green) held that an insured’s failure to timely notify its insurer of a claim does not defeat coverage if the delay caused [...

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