Newsletters

A Couple Developments in Preserving Evidentiary Errors in Summary Judgment Practice

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?

Permissive Interlocutory Appeals Under Texas Law

by Nicholas Bruno Litigators are well aware of the “general rule” that only final judgments are appealable. While not a true “appeal,” the availability of review of an (often interlocutory) order at an appellate court through mandamus is often an exception to that...

Case Updates from the Fifth Circuit

by Kelsi White Rolls v. Packaging Corp. of Am. Inc., 34 F.4th 431 (5th Cir. 2022). In Rolls, the Fifth Circuit affirmed (1) the denial of a motion to remand and (2) the grant of summary judgment on a Louisiana plaintiff’s wrongful-death claims for the death of her...

Case Updates from the First Court of Appeals

by Parth Gejji Budget Rent a Car System, LLC v. Ozumba, No. 01-20-00408-CV, 2022 WL 2347742 (Tex. App.—Houston [1st Dist.] June 30, 2022, no pet. h.) (mem. op.) (Rivas-Molloy, J.). This case reinforces a fundamental lesson regarding jury charges: be careful about...

Case Updates from the Fourteenth Court of Appeals

by Eleanor Mason, Staff Attorney for Justice Hassan, Fourteenth Court of Appeals Simmons v. Taylor, __ S.W.3d __, 2022 WL 1498090 (Tex. App.—Houston [14th Dist.] May 12, 2022, no pet.) (Christopher, C.J.). In Simmons, the court held that it had jurisdiction over an...

Did You Know?

by JoAnn Storey, JoAnn Storey, P.C. Discovery is not unduly burdensome “[w]here a responding party’s own conscious, discretionary decision, such as how it chooses to store and organize its materials, causes discovery to be burdensome.” In re K & L Auto Crushers,...

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...