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

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

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

For the week of March 14, 2011, the Dallas Court of Appeals issued fifteen 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 six cases are as follows:

Amer v. Rozicki (05-09-01244-CV) –  Recites well-established (1) elements of a bill of review action; and (2) rule that a request for findings of fact does not extend the time for perfecting an appeal of a judgment rendered as a matter of law.

ECF N. Ridge Assocs., L.P. v. Orix Capital Mkts., L.L.C. (05-09-00066-CV) –  Recites well-established (1) definition of “all-risk insurance”; and (2) definition of “certified terrorism insurance.”

Klingenschmitt v. Weinstein (05-10-01149-CV) – Recites well-established rule that a special appearance be filed before any other plea, pleading, or motion.

HSBC Bank, N.A. v. Khyber Holdings, L.L.C. (05-10-00220-CV) – Recites well-established (1) requirements of a restricted appeal; and (2) rule that a default judgment must be supported by the pleadings.

McAfee, Inc. v. Weiss (05-09-01102-CV) – Recites well-established standard for reviewing an order denying a motion to seal.

Primary Media, Ltd. v. City of Rockwall (05-09-01116-CV) – Recites well-established (1) rule that a recitation that an affiant has personal knowledge of the facts stated in his affidavit does not convert unsupported conclusions into admissible evidence; (2) rule that new and independent summary judgment grounds cannot be raised in a reply to a response to a motion for summary judgment; (3) holding that courts use the same rules when construing municipal ordinances as they use when construing statutes; and (4) rule that statutory construction is a matter of law.

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