Dallas Court of Appeals cases for the week of February 14, 2011

Dallas Court of Appeals cases for the week of February 14, 2011

Dallas Court of Appeals cases for the week of February 14, 2011

For the week of February 14, 2011, the Dallas Court of Appeals issued twenty-one opinions in civil cases.  Nineteen 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 two cases are as follows:

In re K.N.K. (05-10-01053-CV) – Recites well-established (1) rule that, unless an interlocutory appeal is specifically authorized by the constitution or a statute, an appellate court has jurisdiction only over appeals taken from final judgments; and (2) holding that, with the exception of an order appointing a receiver, an interlocutory order in a family law case is not appealable.

Stone v. Midland Multifamily Equity REIT (05-09-00856-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; (2) rule that a defect in the substance of an affidavit may be raised for the first time on appeal; (3) rule that a defect in the form of an affidavit must be objected to in the trial court; (4) holding that the failure to obtain a ruling from the trial court on an objection to the form of an affidavit waives the objection; (5) holding that an objection that an affidavit contains hearsay is an objection to the form of the affidavit; and (6) rule that an affidavit must disclose the basis on which the affiant has personal knowledge of the facts asserted.

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