Court of Appeals says it has no mandamus jurisdiction over associate judge
Associate judge's ruling in family/juvenile district court cannot be attacked in the court of appeals. [The 14th Court of Appeals’] mandamus jurisdiction is governed by section 22.221 of the Texas...
View ArticleFreeport port authority's lack-of -jurisdiction defense in suit by contractor...
Port Freeport f/k/a Brazos River Harbor Navigation District v. RLB Contracting Inc.,No. 01-11-00778-CV (Tex.App.- Houston [1st Dist.] April 26, 2012)(denial of governmental entity's plea to the...
View ArticleEviction suits & appeals are of limited scope
Limited nature of eviction suits does not change upon appeal from Justice Court to the County Court at Law even though county courts have broader jurisdiction with respect to suit that originate in...
View ArticlePro se appellant told what's wrong with special writ petition
Court of Appeals tells pro se litigant what's wrong with his petition for a special writ. (They don't always do that, but issue one-liner or one-sentence "opinions" instead)Original Proceeding on...
View ArticleStatute governing permissive interlocutory appeal has changed
Under prior rule, all parties had to agree to interlocutory appeal if it was not otherwise authorized. No longer so, but older cases may fall under the rule in effect at the time, as seen in short per...
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When the divorce attorney gets off the case just in time for trial...
ATTORNEY WITHDRAWAL UNDER TRCP 10 ON THE EVE OF TRIAL .... Is it a valid ground to postpone (continue) the trial?Family court judge found to have abused discretion by denying wife's motion for...
View ArticlePartition suit exceeded jurisdictional dollar-limit ($200K) of Harris County...
Suit for partition of real property brought in CCCL#1 dismissed because amount in controversy was more than $200,000; - actually much more. The jurisdictional limit used to be $100,000, but was raised...
View ArticleMassengale says Tax Code Section 171.255 [providing for personal liability of...
A panel of the First Court of Appeals, in an opinion penned by Justice Michael Massengale, has ruled that the manager of Delaware company could not be sued in Texas based on the corporation's...
View ArticleWife's affidavit construed as a pleading, making her a co-plaintiff with the...
Nonattorney husband filed pro se suit against neighbor and wife executed attached affidavit, in which she referred to herself as plaintiff, but she did not herself sign the pleading. Court holds that...
View ArticleTaxing entities successfully appeal to have penalties added to judgment for...
Trial court had apparently cut Bellaire attorney who was behind in paying local taxes on personal business property some slack by not awarding penalty amounts in tax suit in addition to delinquent...
View ArticleMotion for summary judgment must state grounds – Duh!
MSJ 101: State your defense when moving for summary judgment on an affirmative defense (and plead it, too). Failure to set forth affirmative defenses can’t be cured on appeal from improperly granted...
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Running the risk of missing the appellate deadline
The appellate clock keeps tickingCan the 15-day grace period to file notice of appeal after it is due be taken for granted? -- Don’t be too sure. The deadline reprieve is not a matter of right, even if...
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Pro Se Appellant did not update his mailing address (or pay, for that...
Numerous appeals get dismissed because the appellant - for whatever reason - does not pay the filing fee, does not pay the court reporter, or does not pay the trial court's clerk for preparation of the...
View ArticleLitigating Finality: Is an order granting a motion for summary judgment final...
APPELLATE JURISDICTION DEPENDS ON FINALITY OF ORDER APPEALED FROM [UNLESS INTERLOCUTORY APPEAL IS OTHERWISE AUTHORIZED]What if there was a counterclaim, which was not addressed by the summary judgment...
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Astroworld Property Tax Aftermath: How much is the urban prairie at the South...
… or, rather, how much was it worth in 2006, which was the issue in an ad-valorem tax appraisal dispute which finally reached decision-stage in one of our local courts of appeals a few years more down...
View ArticleStatutory construction principles in a nutshell per 14th Court of Appeals
INTERPRETING A STATUTE[law enacted by the legislature, as opposed to common law, which rests on judicial decisions] When construing a statute, we begin with its language. State v. Shumake, 199 S.W.3d...
View ArticleError in denial of pre-judgment interest as part of the judgment must be...
A complaint regarding the award of pre-judgment interest must be preserved in the trial court by a motion to amend or correct the judgment or by a motion for new trial. See Keith v. Keith, 221 S.W.3d...
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City of Houston car wreck litigation - Another unnecessary appeal from a PI...
Since it offers a nice compilation of the prior decisions on the same issue -- the city's effort to get immunity both for itself and its employee -- first the concurring opinion by Justice Brown:City...
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Another appeal in City of Houston car wreck litigation
Since it offers anice compilation of the prior decisions on the same issue -- the city's effort to get immunity both for itself and its employee -- first the concurring opinion by Justice Brown:City of...
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Enforceability of Rule 11 Settlement Agreement – Important opinion issued -...
Agreed interlocutory appeal of two summary judgment orders: one concluding that the rule 11 agreement executed by appellants/cross-appellees—Arnold Curry, General Metal Fabricating Corporation, and GMF...
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