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Comment on Cheryl Currid v. Coit Cleaning & Restoration Services: Another...
Cheryl Currid v. Coit Cleaning & Restoration Services, No. 01-17-00630-CV (Tex.App.- Houston [1st Dist.] April 17, 2018) (right to avoid summary judgment by asserting arbitration/forum selection...
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Corporate entities have no Fifth Amendment right that allows their agents to...
In Re Russo (Tex.App. - Houston [14th Dist.] April 27, 2018) “An individual cannot rely upon the [Fifth Amendment] privilege to avoid producing the records of a collective entity which are in his...
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Blacklock's Sham Affidavit Opinion is itself a Sham; read Justice McCally's...
Last week, the Texas Supreme Court blessed the federal Sham Affidavit Doctrine, denominated it a "rule", and incorporated it into rule 166a of the Texas Rules of Civil Procedure without bothering to...
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Judgment signed after expiration of plenary power is void, subject to...
SEVERANCE MADE SANCTIONS ORDER FINAL SUBSEQUENT SUMMARY JUDGMENT FOUND VOID Offord v. West Houston Trees, Ltd. No. 14-16-00532-CV (Tex.App.- Houston [14th Dist.] April 19, 2018) (trial court judgment...
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Appellate Error Correction, Not to Mention Commission and Detection
To err is human, to have it pointed out to you by the court of appeals [with sic or sans] not so divine; to catch the court of appeals making an error itself precipitates a slight bout of...
View ArticleAtkins v Schultz (Tex. App. 2018) No-evidence summary judgment in legal...
Atkins v. Schultz No. 01-16-00864-CV (Tex.App. - Houston [1st Dist.] April 2018) (concluding no-evidence summary judgment was properly granted for attorney in legal-mal suit).Trial Court: 165th...
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Texas Intervention Procedure Explained; Trial Court's Disallowance of...
R. Hassell & Company, Inc. v. Springwoods Realty Co, Harris County Improvement Dist #18, Walter P. Moore, Inc, and Costello, Inc. No. 01-17-00154-CV (Tex.App. - Houston [1st Dist.] April 19, 2018)...
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Denial of Bill of Review Relief Reversed: DWOP Notice had been sent to wrong...
Marathon Petroleum Company LP v Cherry Moving Company, Inc. No. 14-16-00634-CV (Tex.App.- Houston [14th Dist] May 1, 2018) (summary judgment in bill of review case reversed on issue of official mistake...
View ArticleJust Don't Take It On Then: Heavy Workload not a good excuse multiple times...
Justice Harvey Brown reminds appellate attorney that a heavy workload is no excuse not to timely complete and file a client's brief after multiple extension have already been granted in several pending...
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Corporation Can't Handle Appeal Without Properly Authorized Attorney, but ...
Transamericana Corp. v. Braes Woods Condo Ass'n., No. 14-16-00880-CV. (Tex.App. - Houston [14th Dist.] Apr. 23, 2018) (Order threatening dismissal if no attorney appears for corporation on...
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Civil suit alleging wrongdoing by prosecutor not viable after conviction,...
Cooper v. Trent, No 14-17-00017-CV(Tex.App. - Houston [14th Dist.] May 1, 2018) Cooper v. Trent, No 14-17-00017-CV(Tex.App. - Houston [14th Dist. May 1, 2018]) Affirmed and Opinion filed May 1, 2018.In...
View ArticleHow is Testimentary Capacity Established in a Will Contest/
In the Estate of Annie Ruth Danford, Deceased. NO. 14-16-00972-CV (Tex.App.- Houston [14th Dist.] May 1, 2018)Testimentary Capacity - How Proven in Will Contest? Courts have concluded that a will...
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Order Denying Motion to Recuse Trial Judge Not Immediately Appealable
Larkins-Ruby v Sealy ISD et al, No. 01-17-00716-CV (Tex.App. - Houston [1st Dist.] May 15, 2018) (no appeal from order denying motion to recuse in interlocutory appeal, appeal only feasible from final...
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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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