Appellate

Section 18.001 Counter-Affidavit Update

Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court's ruling striking a Section 18.001 counteraffidavit.  Civil Practice and Remedies Code Section 18.001 counteraffidavits [...]

By |2021-09-20T16:50:00-05:00May 26, 2021|Appellate|

Texas Supreme Court statistics for 2020

This past year presented some unique challenges for the judiciary, and specifically for the Supreme Court of Texas.  The court confronted a pandemic, a ransomeware attack, and some unusual election-year court filings.  In spite of these challenges, the court persevered [...]

By |2021-09-20T16:53:03-05:00January 4, 2021|Appellate|

Authenticating Public Records

Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved.  Yet these questions routinely arise in the trial courts and are fundamental to trial practice.  The Texas Supreme [...]

By |2021-09-20T16:54:18-05:00October 12, 2020|Appellate|

Superseding Prejudgment Interest

At a recent continuing education seminar, one of the presenters stated as a fact that amounts awarded in a judgment for prejudgment interest do not need to be included in the amount of a supersedeas bond.  The presenter cited the [...]

By |2021-09-20T16:54:47-05:00September 30, 2020|Appellate|
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