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Texas Appellate Law



INSIGHT & COMMENTARY ON CIVIL APPEALS & LITIGATION



Last Build Date: Thu, 17 Aug 2017 13:01:11 +0000

 



Texas Supreme Court Jurisdiction, Part II: The Times They Are a-Changin’ (Or Are They?)

Thu, 17 Aug 2017 13:01:11 +0000

My previous blog post briefly outlined the Texas Supreme Court’s jurisdiction and the soon-to-be-effective legislative changes. As the title of these posts suggests, the next step is to examine the potential effects, if any, that these changes will have on courts, practitioners, and clients. Admittedly, by doing so, I tread into uncharted territory armed solely … Continue Reading

The post Texas Supreme Court Jurisdiction, Part II: The Times They Are a-Changin’ (Or Are They?) appeared first on Texas Appellate Law.




Properly Pleading Attorneys’ Fees in Suits Against Partnerships and LLCs to Avoid Zombie Litigation

Tue, 15 Aug 2017 21:12:45 +0000

“Zombie litigation” broadly refers to cases that generate unending piecemeal litigation. Attorneys’ fees disputes often spawn zombie litigation—after the merits of the case have been decided but the lawyers continue to litigate and appeal whether and how they will get paid. Over the last 20 years, Texas appellate courts have crafted new tools to help … Continue Reading

The post Properly Pleading Attorneys’ Fees in Suits Against Partnerships and LLCs to Avoid Zombie Litigation appeared first on Texas Appellate Law.




Texas Supreme Court Jurisdiction, Part I: The Times They Are a-Changin’ (Or Are They?)

Fri, 11 Aug 2017 02:31:36 +0000

Likely obscured by the legislative din emanating from the capitol these days, the Texas Legislature has somewhat quietly altered the Texas Supreme Court’s jurisdiction by passing HB 1761. The Governor signed it, without much fanfare, on May 26, 2017, and the bill is now effective on September 1, 2017. For the uninitiated, at its most … Continue Reading

The post Texas Supreme Court Jurisdiction, Part I: The Times They Are a-Changin’ (Or Are They?) appeared first on Texas Appellate Law.




Marking Milestones

Wed, 12 Jul 2017 12:08:37 +0000

Eleven years ago today, I started the practice that became Smith Law Group LLLP. One year later, on the first anniversary of what was then a solo shop, I posted these words: One year ago today, I departed big firm life to start my own appellate boutique—if you can call one lawyer a boutique! The … Continue Reading

The post Marking Milestones appeared first on Texas Appellate Law.




It’s Alive! Revive Your Dead Motions and Defend a Favorable Judgment With a Proper Appeal

Mon, 10 Jul 2017 21:59:54 +0000

While relatively short, a recent Third Court of Appeals memorandum decision is rife with lessons for attorneys defending favorable summary judgments made on superseded motions. The dispute in Larivee v. Louis meant to center on tenant-landlord issues concerning a carpet’s condition. Unfortunately, especially for the appellant, the case’s procedural posture forced the Third Court to focus … Continue Reading

The post It’s Alive! Revive Your Dead Motions and Defend a Favorable Judgment With a Proper Appeal appeared first on Texas Appellate Law.




How Dependent on Instant Online Data Access Are We?

Thu, 29 Jun 2017 22:59:45 +0000

Try accessing any number of court-related websites right now, and you may be diverted to the following landing page: A Tuesday evening power outage took down Office of Court Administration servers, and OCA has had difficulty bringing them back up. Meanwhile, scores of lawyers across the state went into panic as they were unable to instantly … Continue Reading

The post How Dependent on Instant Online Data Access Are We? appeared first on Texas Appellate Law.




Demystifying Appellate Law on The Law Entrepreneur

Tue, 27 Jun 2017 22:31:47 +0000

Solo and small firm lawyers, if you’re into podcasts and haven’t checked out The Law Entrepreneur, you should. Maryland lawyer Neil Tyra has put together 69 episodes (so far) of great conversation with lawyers, tech consultants, and other professionals offering insight into the entrepreneurial side of modern-day law practice. The main reason I know exactly how … Continue Reading

The post Demystifying Appellate Law on The Law Entrepreneur appeared first on Texas Appellate Law.




How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned

Tue, 20 Jun 2017 16:00:22 +0000

For much of my career as outside litigation counsel, I marked the end of cases with a celebratory client lunch or a sigh of “good riddance.” But when I went in-house with one of my clients, the end of each case was an opportunity to consider lessons the company could learn from the litigation. Now … Continue Reading

The post How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned appeared first on Texas Appellate Law.




An Evening with the Third Court of Appeals, 2017 Edition

Fri, 05 May 2017 20:05:31 +0000

Yesterday, the Austin Bar Association’s Civil Appellate Law Section hosted a program entitled “An Evening with the Third Court of Appeals” at Austin’s InterContinental Stephen F. Austin Hotel. My firm, Smith Law Group, was among the event’s sponsors. This event was a natural sequel to the well-received peek behind the proverbial curtain when the Court, months … Continue Reading

The post An Evening with the Third Court of Appeals, 2017 Edition appeared first on Texas Appellate Law.




[Tap…Tap…Tap] Is This Thing On?

Mon, 24 Apr 2017 11:45:23 +0000

After a decade of blogging, I’m still amazed how one simple post can spin off new opportunities. Back in November, I wrote about how I’m using my iPad Pro during oral arguments. As a direct result of that post, I was: featured on iPhone JD (a site I highly recommend to anyone using iPhones or iPads in their … Continue Reading

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