Dallas Court of Appeals cases for the week of January 3, 2011

Dallas Court of Appeals cases for the week of January 3, 2011

Dallas Court of Appeals cases for the week of January 3, 2011

For the week of January 3, 2011, the Dallas Court of Appeals issued fourteen opinions in civil cases. Nine of these dispose of a case without a detailed discussion of the merits (e.g., dismissing a case for want of prosecution, dismissing a case for mootness, dismissing a case pursuant to settlement).  The remaining five cases are follows:

Broderick v. Kaye Bassman Int’l Corp. (05-09-00692-CV) – Recites well-established (1)  standard for reviewing traditional summary judgment; (2) elements which must be established to succeed in bill of review claim; (3) standard for reviewing conclusions of law; (4) standard for reviewing findings of fact; (5) rules governing whether a settlement agreement is enforceable; and (6) definition of “high-low agreement.”

Housing Auth. v. Killingsworth (05-10-00172-CV) – Recites well-established (1) rule that governmental immunity from suit defeats trial court’s subject matter jurisdiction; (2) standard for reviewing challenge to trial court’s subject matter jurisdiction; and (3) standard for reviewing statutory construction.  Additionally, defines “properly executed.”

Pierre v. Swearingen (05-09-01085-CV) – Recites well-established standard for reviewing findings of fact.

Saleh v. Hollinger (05-10-00339-CV) – Recites well-established (1) rule that an appellate court is obligated to review sua sponte issues affecting its jurisdiction; (2) rule that appellate jurisdiction is never presumed; (3) rule that subject matter jurisdiction cannot be conferred or taken away by consent or waiver; and (4) standard for reviewing trial court’s order on a motion to dismiss a health care liability claim.

Zee TV USA, Inc. v. Regency Ctrs., L.P. (05-010-01297-CV) – Recites well-established definition of “reasonable explanation.”

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