• En Banc Decisions and Preservation Issues in Recent Fourteenth Court of Appeals Decisions March 2, 2020 by Nicholas Bruno, Beck Redden LLP Three recent en banc decisions in the Fourteenth Court of Appeals demonstrated disagreements among the justices of that court over preservation issues. Appellate practitioners should watch similar developments in future cases to determine whether these disagreements are part of a broader trend and how they might affect appellate practice in ...
  • Features for March 2020 February 28, 2020 Welcome to the March 2020 edition of the Appellate Lawyer — the newsletter of the HBA Appellate Practice Section. EDITOR’S NOTE by Jill Schumacher, Editor-in-Chief, Daniels & Tredennick, LLP A CLOSER LOOK AT TEXAS’S JUDICIAL ELECTIONS PROCESS: REACTIONS FROM A SITTING JUSTICE by Justice Julie Countiss, First Court of Appeals AN INTERVIEW WITH JUSTICE SARAH BETH LANDAU, FIRST COURT OF APPEALS by ...
  • Editor’s Note February 27, 2020 by Jill Schumacher, Editor-in-Chief, Daniels & Tredennick, LLP The practice of law is a team sport.  This is an inherent aspect of the practice of law.  It is true for all practitioners, regardless of whether they practice on a trial team or as a solo appellate practitioner.  By its nature, the practice of law encompasses the ...
  • A Closer Look at Texas’s Judicial Elections Process: Reactions from a Sitting Justice February 27, 2020 By Justice Julie Countiss, First Court of Appeals Right now, the Texas Commission on Judicial Selection (TCJS) is considering the state’s current system of electing judges for statewide offices, and the deadline to submit findings is just around the corner.  The TCJS was created in 2019 by the 86th Texas Legislature to study and review the ...
  • The “Short-Term” Cell Site Location Information Exception February 27, 2020 by Nelson S. Ebaugh, Nelson S. Ebaugh, P.C. The law is always one step behind technology. In connection with cell site location information (“CSLI”), the law is starting to catch up.  However, there are still many unanswered questions.  For instance, how long can the government track a person’s cell phone before it becomes a Fourth Amendment ...
  • Appellate 9-1-1: Emergency or Temporary Relief in State Appellate Court February 27, 2020 by Angela Spoede, Staff Attorney at the First Court of Appeals In comparison to trial-level litigation, which involves multiple deadlines for discovery and filings, the whims of opposing counsel, and the constraints of the trial court’s time and resources, appellate practice is more sedate. There are fewer documents changing hands, there are fewer filings to juggle, ...
  • Did You Know? February 27, 2020 by JoAnn Storey, JoAnn Storey, P.C. Under Texas Rule of Civil Procedure 295, if the jury’s verdict is incomplete, not responsive to the questions, or contains conflicting answers, the court shall: in writing instruct the jury in open court of the nature of the incompleteness, unresponsiveness, or conflict; provide such additional instructions as may be proper; and retire the ...
  • Case Updates from the First Court of Appeals February 27, 2020 by Rachel Stinson, Trial and Appellate Attorney for the City of Houston In re Stagner, 01-18-758-CV (Memorandum opinion issued on January 23, 2020 by Justice Evelyn V. Keyes.  Panel consists of Justices Keyes, Goodman, and Countiss.) Mattress Firm sued several individual and corporate defendants for fraud, negligence, unjust enrichment, and breach of fiduciary duty, alleging that some of ...
  • Case Updates from the Fourteenth Court of Appeals February 27, 2020 by Eleanor Mason, Staff Attorney for Justice Hassan, Fourteenth Court of Appeals Bandin v. Free & Sovereign State of Veracruz de Ignacio de la Llava, __ S.W.3d __ , 2019 WL 6000580 (Tex. App.—Houston Nov. 14, 2019, no pet. h.) (Bourliot, J.). In Bandin, the Court limited the reach of the Texas Citizens Participation Act ...
  • March 2020 Crossword Puzzle February 27, 2020 Click here to access the March 2020 Crossword Puzzle in .puz format for Across Lite users.  To use this puzzle, right click on the link, save the file, and then save a version of the file, changing the extension, .pdf, to .puz to use.    
  • Solution to the March 2020 Crossword Puzzle February 27, 2020 Solution to the March 2020 Crossword Puzzle
  • Upcoming Events February 27, 2020 1) The 29th Annual Appellate Judicial Reception The 29th Annual Appellate Judicial Reception Honoring The Justices of the First and Fourteenth Courts of Appeals and Special Honorees The Honorable Laura Higley The Honorable Michael Massengale The Honorable Martha Hill Jamison Wednesday, April 15, 2019 5:30–8:00 p.m. Brennan’s of Houston 3300 Smith Street Hors d’oeuvres Cash Bar Members $30.00  Non-Members $50.00   2) Upcoming Luncheons Thursday, March 12, 2020 “In Stereo, Where Available: ...
  • An Interview with Justice Sarah Beth Landau, First Court of Appeals February 12, 2020 by Mark Trachtenberg, Haynes & Boone, LLP 1. Hello Justice Landau! Thanks for making the time to do this interview.  To begin, would you tell our audience a little about who you are, where you grew up, etc.? Hello! Thank you for the opportunity. I’ve spent most of my adult life in Texas. I moved here “temporarily” ...

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Thank you also to @WhitneyBrieck for moderating our panel today on “The Appeal of Social Media: The Advantages, Pitfalls, and Ethics of Engaging Online”! #appellatetwitter

Thanks to Carl Cecere (Cecere, PC), Kendyl T. Hanks (Greenberg Traurig, LLP), and Raffi Melkonian (Wright Close & Barger, LLP) for a great and informative presentation on “The Appeal of Social Media: The Advantages, Pitfalls, and Ethics of Engaging Online”! #appellatetwitter

Thanks to Judge David Hittner and Lynne Liberato (Haynes and Boone) for a great presentation on Effective Persuasion When Moving or Opposing Summary Judgment at our February meeting! #appellatetwitter

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