Newsletters

The Timing of Record Supplements on Appeal

The record provides the raw material of an appeal; it is the closed universe in which appellate practitioners work. The Texas courts of appeal, after all, do not consider matters outside the record on appeal.[1] That’s old hat. The record is important, critically so. And, so, we are all well-acquainted with the appellate record’s preparation. The clerk and reporter—by rule and request—assemble the papers and transcripts, combine them, file them, number them, and so on.[2] Their contents turn on rule and the parties’ designations.[3] You know all that. But what about supplementing the record, say, with relevant but missing materials, after an appeal has progressed from its early administrative stages and into the merits? Can a party do that in Texas appellate courts?

Case Updates from the Fifth Circuit

by Kelsi White Q Clothier New Orleans, L.L.C. v. Twin City Fire Ins. Co., No. 21-30278 (Mar. 22, 2022). In Q Clothier, the Fifth Circuit weighed in on insurance coverage for COVID-related losses from government shutdown orders under Louisiana law. Q Clothier, an...

Case Updates from the First Court of Appeals

by Parth Gejji Innovative Vision Solutions, LLC v. Kempner, No. 01-20-00195-CV, 2022 WL 868130 (Tex. App.—Houston [1st Dist.] Mar. 24, 2022, no pet. h.) (mem. op.). Panel consisted of Justices Goodman, Hightower, and Rivas-Molloy. Opinion by Justice Hightower. This...

Case Updates from the Fourteenth Court of Appeals

by Eleanor Mason, Staff Attorney for Justice Hassan, Fourteenth Court of Appeals M.A. Mills, P.C. v. Knotts, 640 S.W.3d 323 (Tex. App.—Houston [14th Dist.] Jan. 20, 2022, no pet. h.) (Christopher, C.J.). As a matter of first impression, the Fourteenth Court of Appeals...

Did You Know?

by JoAnn Storey, JoAnn Storey, P.C. A person need not be a party to the underlying litigation in order to seek mandamus relief. Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex.1991) (orig. proceeding). Rather, relators must have a justiciable interest in the underlying...

April 2022 Crossword Puzzle

Puzzle in .puz format.  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. ...

The Scope of Permissive Interlocutory Appeals in Texas

by Ryan Philip Pitts, an associate in the appellate practice group of Haynes Boone, LLP’s Houston office. Texas law authorizes a trial court to permit—and a court of appeals to accept—an interlocutory appeal from an otherwise unappealable order if the order “involves...

Special Judges under Government Code Section 24.004

by Nicholas Bruno The typical civil case in Texas state court is heard by the district court judge of that court. But various Texas statutes allow a person, other than the elected district court judge, to preside over the case with various limitations. This article...

Case Updates from the Fifth Circuit

by Kelsi White Vikas WSP, Ltd., v. Economy Mud Prods. Co., __ F.4th __, No. 20-20309, 2022 WL 92861 (5th Cir. Jan. 10, 2022). In Vikas, the Fifth Circuit considered a district court’s jurisdiction to consider various claims arising from breach of a settlement...