by George Christian | May 16, 2022
It seems that the Texas Citizens Participation Act (Chapter 27, CPRC) is having a bad year in the appellate courts. The Dallas Court of Appeals has added to its woes, upholding a trial court order denying a TCPA motion to dismiss on the basis of untimeliness. The...
by George Christian | May 13, 2022
Though it may seem repetitive to report on appellate decisions interpreting Chapter 74’s expert report requirement (§ 74.351, CPRC), we continue to do so in order to illustrate the importance of a highly qualified judiciary that will apply the law as the Legislature...
by George Christian | May 12, 2022
In yet another case showing a patent abuse of the Texas Citizens Participation Act (Ch. 27, TCPA), the Dallas Court of Appeals has ruled that a trial court did not abuse its discretion by awarding attorney’s fees to a defendant forced to defend a frivolous TCPA motion...
by George Christian | May 11, 2022
The Austin Court of Appeals has ruled that an administrative law judge has a ministerial duty to enforce a valid Rule 11 settlement agreement submitted by the parties prior to an administrative hearing. Vergo Patio Gardens, Inc. v. Railroad Commission of Texas (No....
by George Christian | May 10, 2022
The Dallas Court of Appeals has turned away another attempt to utilize the Texas Citizens Participation Act (TCPA; Chapter 27, CPRC) to avoid accountability for discovery abuses. The case, Felix Sorkin, Individually, General Technologies, Inc., and Precision-Hayes...
by George Christian | May 9, 2022
In 2009 the Texas Supreme Court handed down Myrad Props., Inc. v. LaSalle Bank Nat’l Ass’n, 300 S.W.3d 746 (Tex. 2009), which held that correction deeds should not be used to convey any additional or separate property that was not described in the original deed. The...
by George Christian | May 9, 2022
On Friday the Texas Supreme Court handed down a decision in Rosetta Resources Operating, LP v. Kevin Martin, Jamie Martin, and Ashley Lusk (No. 20-0898). On appeal from the Corpus Christi Court of Appeals, this case involves the construction of an offset well clause...
by George Christian | May 6, 2022
In The State of Texas v. Audie Gray Family L.P. (No. 14-20-00206-CV), the Houston Court of Appeals [14th] considered whether a trial court abused its discretion in admitting expert testimony regarding the value of the property offered by the property owner pursuant to...
by George Christian | May 5, 2022
The breaking news that SCOTX is considering a draft opinion overturning Roe v. Wade, while not terribly surprising in itself, has raised a question in our mind about the effect such a ruling would have on SB 8, legislation enacted last year to create a private cause...
by George Christian | May 4, 2022
The Fourteenth Court of Appeals has dismissed a challenge to Harris County Judge Lina Hidalgo’s order cancelling a foreclosure sale scheduled at Bayou Event Center on April 6, 2021. Judge Hidalgo’s order, issued on April 2, 2021, cited data regarding increasing...
