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TCPA applied to SEARS' lawsuit against Contractor - Toth v. Sears Home...
Toth v. Sears Home Improvement Products, Inc. No. 14-17-00615-CV (Tex.App. - Houston [14th Dist.] May 10, 2018) (Denial of Motion to dismiss under the Texas Citizens Participation Act reversed,...
View ArticleMotion to Transfer Venue should have been heard before Rule 202 Motion -...
In re Velvin Oil Company, Inc., No. 01-17-00384-CV (Tex.App. - Houston [1st Dist.] May 8, 2018) (petition for writ of mandamus conditionally granted directing trial court to set Velvin’s motion to...
View ArticleTypewriter as tool to exercise First Amendment rights found too trival ("de...
Mukoro v Jackson, No. 01-17-00466-CV (Tex.App. - April 19, 2018) (Prison employees granted qualified immunity from inmate's Section 1983 claim over retaliatory seizure of his typewriter).Jackson...
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First COA admits Appellant missed deadline to seek rehearing due to court's...
Clemons v. State of Texas, NO. 01-16-00336-CV (Tex.App. - Houston [1st Dist.] May 22, 2018) (out-of-time motion for rehearing denied based on expiration of plenary power over the judgment). Harris...
View ArticleFailure to timely pay fee in county court from appeal from JP court kills the...
Pichini v. Federal National Mortgage Ass'n aka FANNIE MAE, NO. 01-17-00519-CV (Tex.App. - Houston [1st Dist.] May 17, 2018)(dismissal by county court of attempted appeal from justice court...
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Supplemental Opinion Issued to Give Effect to Remittur (contigent affirmance...
Supplemental Majority Opinion filed May 8, 2018.In TheFourteenth Court of AppealsNO. 14-16-00036-CVCRITICAL PATH RESOURCES, INC., AppellantV.RICHARD CUEVAS, INDIVIDUALLY AND ON BEHALF OF THEESTATE OF...
View ArticleAlexandra Smoots-Thomas mandamus over denial of FNC issue - COA orders...
Opinion issued May 17, 2018.In TheCourt of AppealsFor TheFirst District of Texas————————————NO. 01-17-00652-CV ———————————IN RE XTO ENERGY, INC., RelatorOriginal Proceeding on Petition for Writ of...
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Houston Appeals Court affirms summary judgment against guarantors in Mia...
Garcia v. First Colony Mall, LLC, No. 01-17-00336-CV (Tex.App. - Houston [1st Dist.] Jun. 5, 2018, no pet h.) (because guarantors of restaurant lease did not raise a fact issue on each element of any...
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Requirements for permissive interlocutory appeal not satisfied, petition denied
Orion Marine Construction, Inc. v. Inocente Cepeda, No. 01-18-00323-CV (Tex.App. - Houston [1st Dist.] Jun. 21, 2018) (request for permissive appeal from interim trial court order denied in subsequent...
View ArticleMurphy v Underhill (Tex.App. 2018) Failure to request reporter's record at...
Murphy v. Underhill, No. 14-17-00385-CV (Tex.App. - [14th Dist.] Jun. 14, 2018) (in the absence of reporter's record -- none was taken -- court of appeals presumes that the evidence presented at trial...
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First COA Panel splits on whether right to arbitrate was waived by litigation...
In re Vantage Drilling International, Vantage Deepwater Drilling, Inc., and Vantage Energy Services, Inc., No. 01-17-00592-CV (Tex.App. - Houston [1st Dist.] June 5, 2018) Justice Keyes pens vigorous...
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Maybe the Grass was Greener on the Other Side: Cow-in-the-Road Crash Case...
NEITHER-NOR CONCLUSION ON APPEAL:THE PETITION DID NOT ESTABLISH JURISDICTION NOR AFFIRMATIVELY NEGATE JURISDICTIONBRAZORIA DRAINAGE DISTRICT NO. 4 v. KASSI MATTIES, INDIVIDUALLY AND AS NEXT FRIEND OF...
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Grandparent standing established by agreement on appeal, case remanded to...
Standing is a jurisdictional issue. If there is no jurisdiction, the court can't grant any relief. Jurisdiction cannot normally be created by agreement, but there are exceptions, as illustrated by this...
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COA Panel splits on procedural treatment of counselor's immunity under the...
Thibodeau v. Lyles, No. 14-17-00028-CV (Tex.App. - Houston [14th Dist.] Aug. 14, 2018) Reversed and Remanded and Majority Opinion and Concurring andDissenting Opinion filed August 14, 2018.In...
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TTCA: Did Asbestos in the Courthouse Kill a Long-time Judge?
Justice Terry Jennings parts ways with colleagues in suit by widow of Jefferson County judge over asbestos exposure in the Jefferson County Court House. Jefferson County sought dismissal of widow's...
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Does blocking a neighbor's lakeside view support a nuisance claim?
APPEALING INJUNCTION IN UNAPPEALING VISTAS LAWSUIT OVER BOATHOUSE Robert Gulledge and Diana Gulledge v. Warren Wester and Theodore Sullivan, No. 01-17-00488-CV (Tex.App.- Houston [1st Dist.] Aug 28,...
View ArticleMandamus Petition to attack a void order: What does it take? – More than a...
Fourteenth Court of Appeals says that mandamus relief cannot be granted even if the challenged order is void if the argument was not first presented to the trial court and overruled. In re Total...
View ArticlePleadings are not evidence and are not viable to counter a no-evidence motion...
AMIR A. CHAMIE V. MEMORIAL HERMANN HEALTH SYSTEM, NO. 14-17-00354-CV (Tex.App. - Houston [1st Dist.] Sep. 25, 2018)Pleadings generally are not proper summary judgment evidence. Laidlaw Waste Sys....
View ArticleAffidavit to prove damages found conclusory; default summary judgment...
Tyhan, Inc. d/b/a Auto Fix Unlimited v Cintas Corporation No. 2 , No. 01-18-00027-CV (Tex.App. - Houston [1st Dist.] Oct. 30, 2018) In TheCourt of AppealsFor TheFirst District of Texas————————————NO....
View ArticleApartment dweller loses roach infestation appeal, must pay landlord damages...
SANE LOCKE V. BRIARWOOD VILLAGE, No. 14-17-00113-CV (Tex. App. - Houston [14th Dist.] Oct. 30, 2018)Affirmed and Memorandum Opinion filed October 30, 2018.In TheFourteenth Court of AppealsNO....
View ArticleMotion for new trial must be set for hearing to establish relevant facts that...
Evian Johnson and Mellanie M. Walton v. Pamela Lee & Donny Lee, NO. 01-17-00773-CV (Tex.App. - Houston [1st Dist.] Oct. 30, 2018) (appellants' failure to obtain hearing on motion to attack default...
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Major changes coming to Houston Court of Appeals, thanks to 2018 General...
BIG ELECTION-DRIVEN TURNOVER COMING TO APPEALS COURTS IN HOUSTON Seat of Houston Courts of Appeals in the historic Harris County CourthouseBased on preliminary election results reported by the Texas...
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New Year's Bench Exchange at the Harris County Civil Courthouse
New faces in the Harris County Civil CourthouseFollowing the Democratic sweep in the November 2018 election, many newly elected judges took office at the beginning of the year. The District and County...
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New Justices on Houston Courts of Appeals face huge task upon COA Takeover
HEAVY WORKLOAD AHEAD FOR NEWLY ELECTED DEMOCRATS One of the consequences of the turnover in the composition of the Houston Courts of Appeals brought about by the Democratic sweep in the November 2018...
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UH v. Jim Olive: First Court of Appeals Nixes Photographer's Copyright...
THE PHOTOGRAPHER BE DAMNEDUniversity of Houston System v. Jim Olive Photography, No. 01-18-00534-CV (Tex.App.- Houston [1st Dist.] June 11, 2019, no pet. h.)In an opinion handed down this morning...
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