Sua Sponte focuses and reports on civil cases and other developments of interest from the Dallas Court of Appeals and The Supreme Court of Texas.
Articles: 1-10 of 111
Court Lacked Jurisdiction to Enter Declaratory Judgment Because It Was Uncontested
USA - January 12 2023 After her husband filed for divorce in 2021, Cynthia Banigan moved to vacate a 2015 declaratory judgment establishing that the parties’…
No formal pleading required for attorneys’ fees in arbitration
USA - February 22 2021 Ninety Nine Physician Services, PLLC v. Brian Murray In Ninety Nine Physician Services, the Dallas Court of Appeals reversed the judgment of the…
Tax-collection law firm is not immune from vendor’s suit
USA - July 16 2020 A law firm that collects delinquent tax accounts for Dallas County and other taxing entities is not protected b…
Eye of the Beholder: Dominant Jurisdiction and Primary vs. Ancillary Relief
USA - July 15 2020 Ahmed Zidan and his uncle Alex had a falling out about their joint business venture. Ahmed sued Alex in Coll…
Company manager personally liable for contract breach
USA - January 28 2020 This is a cautionary tale for anyone who signs contracts or purchase orders for their company: Unless you want to be personally responsible for…
What’s Happening with my Appeal? TCPA Case Sheds Light on Court’s Processes
USA - August 27 2019 Mahana, a nurse anesthetist, alleged that her supervisor at U.S. Anesthesia Partners sent text messages falsely stating that she tested positive for…
Insurance Covers Damages Awarded Against Majority Owner Who Wrongfully fired Business Partner
USA - August 19 2019 A majority partner wrongfully fired his partner, and paid the judgment entered against him. After the first $10 million of insurance coverage was…
SCOTX Clarifies Standard for Proving up Attorney’s Fees
USA - April 26 2019 This opinion is a must read for any attorney seeking to recover attorney’s fees from an opposing party. The Court took the opportunity in Rohrmoos to…
No, you cannot use a temporary injunction to sequester funds unrelated to your claim just so you can collect a potential future judgment.
USA - April 12 2019 Comerica Bank sued Lone Star, a private equity fund, and several of its portfolio companies after those portfolio companies failed to pay a loan…
Thus sayeth the Texas Supreme Court: limitations for conspiracy governed by limitations for the underlying tort
USA - April 5 2019 Dirty Harry Callahan famously warned, “A man’s got to know his limitations.” Well, thanks to the Supreme Court’s decision in Agar v. Electro Circuits…
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