I had the privilege and pleasure of speaking to the Dallas Bar Association Appellate Law Section on the subject of superseding judgments in Texas state courts. In connection with that continuing legal education presentation, I prepared a written paper and a powerpoint presentation.  I am making those resources publicly available here:

Supersedeas Paper 2022

Supersedeas

On Thursday, June 16, 2022, at 12:00pm, I have the pleasure of presenting a continuing education program to the Dallas Bar Appellate Law Section at the Arts District Mansion (2101 Ross).

I will be speaking on one of my favorite subjects, superseding judgments in Texas state courts.  The presentation will focus on the basics of…

In the case of a judgment for recovery of an interest in real or personal property, the trial judge must determine the amount of security required to suspend enforcement of the judgment during appeal.  Texas Appellate Rule 24.2(a)(2) requires that the amount must be at least
(A) the value of the property interest’s rent or…

My review of the statistics from the Texas Supreme Court’s dispositions in 2021 brought an assortment of facts to the forefront that are worth highlighting.

• For the second year in a row, the court accepted a significantly higher number of petitions for writ of mandamus.
• As the number of petitions for writ of mandamus reviewed

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Parties (and their counsel) to a court of appeals’ disposition of an appeal sometimes worry that if the court disposed of the appeal by issuing a “Memorandum Opinion” instead of an “Opinion,” the chances of obtaining review by the Texas Supreme Court will be diminished.  Statistics in recent years have helped to dispel this concern. …

I ran the statistics for the Texas Supreme Court’s cause disposition for the calendar year beginning January 1, 2021, through December 31, 2021, and the breakdown of broader statistics is shown below.  As with prior years, I will follow up with additional data as I crunch more of the numbers.

• During the 2021 calendar year,

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Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit.  Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of…