Dallas Court of Appeals cases for the week of January 17, 2011

Dallas Court of Appeals cases for the week of January 17, 2011

Dallas Court of Appeals cases for the week of January 17, 2011

For the week of January 17, 2011, the Dallas Court of Appeals issued three opinions in civil cases.  They are as follows:

Balestri v. Remax Realty (05-10-00611-CV) – Recites well-established (1) rule that a dismissal disposing of all claims and parties is final and appealable; and (2) rule that an order is not appealable if it strikes a party’s pleading, allows the party to amend, and provides for dismissal if no appeal is filed.

ECF N. Ridge Assocs., L.P. v. Orix Capital Mkts., L.L.C. (05-09-00066-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) standard for reviewing legal sufficiency of evidence; (3) standard for reviewing whether trial court has subject matter jurisdiction; and (4) rule that, in interpreting a contract, court should give effect to all provisions so that none would be rendered meaningless.

Giron v. Baylor Univ. Med. Ctr. (05-09-00825-CV) – Recites well-established (1) standard for reviewing trial court’s decision on motion to dismiss health care liability claim based on deficient expert report; (2) factors considered when determining the reasonableness of attorneys’ fees; (3) rule that declaratory judgment suit is appropriate only if a justiciable controversy exists as to the rights of the parties and the controversy will be resolved by the declaration sought; (4) definition of “justiciable controversy”; and (5) rule that a personal representative, administrator, or heir may sue on behalf of an estate.

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