No Jurisdiction Over Attempted Appeal From Class Action Orders
In Rainbow Group, Ltd. v. Wagoner, the Third Court of Appeals has dismissed a class action defendant’s interlocutory appeal from an order denying its motion to decertify the class and an order granting...
View ArticleSupreme Court Orders & Opinions 3/9/07
With today’s orders, the Texas Supreme Court has issued per curiam opinions in six cases. In Zipp v. Wuemling, the Court held that an appeal from the district court’s guardianship decision was not...
View ArticleCorrecting Cause Number Did Not Extend Appeal Deadline
In Charles v. Texas Property & Casualty Insurance Guaranty Association, the Third Court of Appeals has held that the trial court’s signing of an order nunc pro tunc to correct the cause number in a...
View ArticleDenial of Motion to Compel Arbitration Stands
In AXA Financial, Inc. v. Roberts, a consolidated interlocutory appeal and mandamus proceeding previously discussed here, the Third Court of Appeals has turned away efforts to compel arbitration under...
View ArticleRequest Did Not Extend Time for Appealing Summary Judgment
In Finney v. Vanderbilt Mortgage & Finance, Inc. (No. 03-07-00329-CV), the Third Court of Appeals reminds us that a request for findings of fact and conclusions of law does not extend the deadline...
View ArticleWhat Is Required to Perfect Appeal?
This is the third installment of my series entitled "20 Questions About Texas Appellate Practice." The question answered here is: "What is required to perfect appeal?" Visit the original post...
View ArticleInterlocutory Appeal After Final Judgment?
Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by...
View ArticleGetting the Scoop on Calculating Texas Appellate Deadlines
Appellate lawyers share some job-related realities with journalists, namely running up against deadlines. Although attorneys don’t rush to finish stories before a midnight printing, we do have to meet...
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