Dallas Court of Appeals cases for the week of February 7, 2011

Dallas Court of Appeals cases for the week of February 7, 2011

Dallas Court of Appeals cases for the week of February 7, 2011

For the week of February 7, 2011, the Dallas Court of Appeals issued seven opinions in civil cases.  Two 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 as follows:

Jaster v. Shelter Mut. Ins. Co. (05-08-01441-CV) – Recites well-established (1) rule that an appellant has the burden to show that the trial court’s judgment was erroneously rendered; and (2) rule that, if possible, an appellate court must interpret the jury findings to support the trial court’s judgment.

Meachum v. JP Morgan Chase Bank, N.A. (05-08-00318-CV) – Recites well-established (1) rule that an issue on appeal unsupported by argument or citation to authority presents nothing for the court to review; and (2) rule that, in order to preserve a complaint for appellate review, the complaint must be brought to the trial court’s attention in a timely request, objection, or motion.

Sanders v. American Home Mortgage Servicing (05-09-00980-CV) – Recites well-established (1)  standard for reviewing legal sufficiency of evidence; and (2) holding that, in a forcible detainer action, the only issue is which party has the right to immediate possession of the property.

Smith-Gilbard v. Perry (05-09-01020-CV) – Recites well-established (1) standard for reviewing findings of fact; (2) standard for reviewing conclusions of law; (3) definition of “mutual mistake of fact”; (4) rule that, to prove mutual mistake, the evidence must show that both parties were acting under the same misunderstanding of the same material fact; (5) rule that a metes and bounds description of real property prevails over a more general description; and (6) the party alleging agency has the burden of proving it.

Titus Energy, LLC v. AEA, L.P. (05-09-01261-CV) – Recites well-established standard for reviewing a trial court’s ruling on a motion to dismiss.

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