Oral argument scheduled in TWIA case
The 14th District Court of Appeals [Houston] has scheduled oral argument in Texas Windstorm Insurance Association v. Dickinson Independent School District on September 14. TCJL filed an amicus brief in this case last week. Although the case is not governed by the TWIA reforms enacted by the Legislature in 2011, TCJL argues that the Court of Appeals should consider the irregularities in the appraisal process in the trial court in light of the reforms and correct what we believe to be egregious abuses of the civil justice system. The case also illustrates the importance of the appellate courts in correcting trial courts that do not follow the law. Legislative reforms are only part of the solution to civil justice reform. If the courts do not properly apply and enforce what the Legislature does, we’re just spinning our wheels.
Want new articles directly to your inbox?
Subscribe to our Publishing Service.
San Antonio Court of Appeals Justice Dissents From Court’s Denial of USAA’s Petition for Writ of Mandamus
In a case that has us scratching our heads, the San Antonio Court of Appeals has denied USAA’s petition for writ of mandamus in a no-answer default judgment case in which USAA clearly (in our view) met the Craddock standard for setting aside the judgment. It obviously...
San Antonio Court of Appeals Holds That Production of Unleased Minerals Does Not Convert Floating to NPRI to Fixed NPRI on That Production
The San Antonio Court of Appeals has rejected the proposition that production of unleased minerals converts an owner of a floating NPRI to a co-tenant entitled to a fixed NPRI on that production. Blackrock Mineral Partners, LLC and Dynasty Land & Minerals, LLC v....
Eastland Court of Appeals Rules for NCAA in Player Challenge to Eligibility Rule
The Eastland Court of Appeals has reversed a trial court order granting a Tarleton State University basketball player’s request for a temporary injunction blocking the NCAA from enforcing its five-year eligibility rule. National Collegiate Athletic Association v....