I continue to track the statistics on the number of petitions for review granted by the Texas Supreme Court where the court of appeals wrote an “Opinion,” versus those where the court of appeals wrote a “Memorandum Opinion.” My prior years’ statistical analysis have dispelled the notion that if the court of appeals writes a “Memorandum Opinion,” the Texas Supreme Court will be less likely to review it. The calendar year for 2022 only helps to further that conclusion.

In 2022, 42% of the petitions for review that the supreme court granted and issued opinions involved “Opinions” issued by the court of appeals, while the remaining 58% involved “Memorandum Opinions.” The high-water mark for “Memorandum Opinions” came in 2019, when the Texas Supreme Court’s petition for review docket consisted of 61% Memorandum Opinions.

The reversal rate for both types of opinions was statistically the same.

Per curiam opinions. Per curiam opinions are unsigned opinions issued by the whole court. These opinions are generally used by the court to correct errors where the error is clear-cut and oral argument isn’t needed. The court can in effect correct an error without devoting more court resources than absolutely necessary. In the year 2022, the court issued 19 per curiam opinions on petition for review. Of those 19 opinions, the court of appeals was reversed 100% of the time. This is the same reversal rate for per curiam dispositions as in 2021.

Photo of Mike Northrup Mike Northrup

Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section of the Dallas…

Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section of the Dallas Bar Association. He is also a former briefing attorney for the Supreme Court of Texas.

Practice Areas

  • Civil Appeals
  • Labor and Employment Law
  • Insurance Law
  • Municipal Law

Professional Associations

  • Dallas Bar Association, Appellate Law Section
  • Defense Research Institute
  • College of the State Bar of Texas
  • State Bar of Texas, Appellate Section
  • Texas Aggie Bar Association

Education

  • JD, Texas Tech University School of Law (1988)
  • B.S., (Political Science), Texas A&M University (1985)

Bar Admissions

  • State Bar of Texas
  • United States Supreme Court
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court, Northern, Southern, and Eastern Districts of Texas