Latest from Reverse & Render

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

Whether a defendant can be sued in the courts of a particular state depends upon the defendant’s presence in the state.  If the defendant lives there, or in the case of an entity, has its principal place of business there or is incorporated there, the defendant has availed itself of the state’s jurisdiction and may

Last year, I reported that the Texas Supreme Court granted a record number of petitions for review in cases where the court of appeals had issued an opinion designated as a “Memorandum Opinion.”   The statistics seem to dispel the notion that there is an inherent bias against review of “Memorandum Opinions.

In 2020, the number

This past year presented some unique challenges for the judiciary, and specifically for the Supreme Court of Texas.  The court confronted a pandemic, a ransomeware attack, and some unusual election-year court filings.  In spite of these challenges, the court persevered and performed.  Here’s what my initial calculations show:

  • During the 2020 calendar year, the court

Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved.  Yet these questions routinely arise in the trial courts and are fundamental to trial practice.  The Texas Supreme Court recently examined an evidence question involving the admissibility of public records.

In Fleming v.

At a recent continuing education seminar, one of the presenters stated as a fact that amounts awarded in a judgment for prejudgment interest do not need to be included in the amount of a supersedeas bond.  The presenter cited the Texas Supreme Court’s opinion in In re Nalle Plastics Family Ltd. Partnership, 406 S.W.3d 168

The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine.

Under the absurdity doctrine a court will construe a statute by applying the plain meaning of the words used unless it would lead to absurd