Jones v. Markel, No. 14-14-00216-CV, 2015 Tex. App. LEXIS 6273, at *1 (App.—Houston [14th Dist.] 2015) (Vexatious Litigant)
The court did not abuse its discretion in declaring appellant a vexatious litigant because the record revealed some evidence to support constructive notice of the vexatious-litigant hearing to appellant, and both requirements of Tex. Civ. Prac. & Rem. Code Ann. § 11.054 were satisfied.
Layegh v. Stonebridge Ranch Cmty. Ass'n, Inc., No. 05-15-00494-CV, 2015 Tex. App. LEXIS 8350, at *1 (App.—Dallas 2015) (Foreclosure; Civil Procedure)
Rule 736.8(c) provides that an order granting an application for an expedited order allowing foreclosure is not subject to appeal and that any challenge to a Rule 736 order must be made in a suit filed in a separate, original proceeding.
Paulsen v. Yarrell, 455 S.W.3d 192, 193 (Tex. App.—Houston [1st Dist.] 2014) (TCPA; Anti-SLAPP)
Because Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) permits an appeal only from an order that denies a motion to dismiss filed under Tex. Civ. Prac. & Rem. Code Ann. § 27.003, the professor's interlocutory appeal from the denial of attorney fees was not authorized by statute.
Rideau v. Parkem Indus. Servs., Inc., 917 F.2d 892 (5th Cir. 1990); (Jury Interrogatories)
If a judge incorporates alternate jurors into the jury for deliberation, failure to object before the verdict is rendered constitutes waiver of any objection. If a jury answers its first interrogatory in a way that renders a second interrogatory irrelevant, then an ambiguous answer to the second interrogatory is not grounds for invalidating the verdict.
Simon v. City of Clute, Tex., 825 F.2d 940 (5th Cir. 1987); (Improper Dismissal; Separate Document Rule)
If a trial judge dismisses a case without hearing evidence other than testimony adduced on motion for preliminary injunction, and without holding either that plaintiffs failed to state claim or that no disputed issues of fact existed, the dismissal requires reversal. Moreover, because such dismissal indicates that the court has expressed an opinion on the merits of case without hearing all of evidence, this warrants remand to a different court. Federal Rule of Civil Procedure 58 expressly requires every judgment to be set forth on a separate document and provides, “[a] judgment is effective only when so set forth and when entered as provided in [the] Rule[s].”
Lone Star Indus., Inc. v. Ater, 845 S.W.2d 334 (Tex. App.—El Paso 1992, no writ); (Assignment of a Retired Judge)
A retired judge is not eligible to be assigned to cases as a senior judge unless he makes an election pursuant to by Tex.Gov't.Code Ann. § 75.001 even if the judge has been approved by the presiding judge. Any judgments made without this election are void. This is a case of first impression.
Wallace v. New Teal Run, Ltd., No. 01-99-00085-CV, 2000 WL 351713 (Tex. App.—Houston [1st Dist.] Apr. 6, 2000, no pet.) (not designated for publication); (Standing)
When a party appeals on the grounds that a judgment violates the rights of homeowners not party to the lawsuit, the appeal will be dismissed for lack of standing. A party may not complain of errors that do not give rise to injury or that merely affect the rights of others. When a party is granted summary judgment, and subsequently the plaintiff amends the petition abandoning the claim against that party, the plaintiff waives appeal of the summary judgment.
- Arbitration and Mediation Services
- Commercial Litigation
- Community Association Law
- Construction Law
- Corporate Transactions and ------------Outside General Counsel
- Cyber Risk
- Directors and Officers Litigation
- Elder Law and Guardianship
- Estate Planning, Probate and Trust ---Administration
- Fiduciary Litigation
- Labor and Employment
- Professional Liability
- Real Estate Practice