Dallas Court of Appeals cases for the week of May 31, 2010

Dallas Court of Appeals cases for the week of May 31, 2010

Dallas Court of Appeals cases for the week of May 31, 2010

For the week of May 31, 2010, 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:

Foley v. Trinity Indus. Leasing Co. (05-09-01184-CV) – Recites well-established (1) standard of reviewing trail court’s ruling on a special appearance; (2) presumptions applicable when trial court does not file findings of fact; (3) rules governing shifting burdens of proof in special appearance context; (4) rules governing when Texas courts may assert personal jurisdiction over nonresident; and (5) rule governing application of alter ego principle.

Halmos v. Bombardier Aerospace Corp. (05-08-00865-CV) – Recites well-established (1) rule that jury instruction may not comment on weight of evidence; (2) standard of reviewing correctness of jury instruction; (3) principle of accord and satisfaction; (4) standard for reviewing directed verdict; (5) standard for reviewing legal sufficiency of evidence; (6) elements of breach of contract claim; (7) measure of damages for breach of contract; and (8) standard of reviewing trial court’s ruling that a party’s amended pleading may not be considered.

Ham v. Equity Residential Prop. Mgmt. Servs. Corp. (05-08-01297-CV) – Recites well-established (1) no-evidence summary judgment standard; (2) test for cause-in-fact; (3) rule governing conclusory opinions; and (4) spoliation rule.

In re Kiefer (05-10-00452-CV) – Recites well-established (1) standard for when mandamus relief is available; and (2) rule that mandamus is available when trial court refuses to either grant timely-filed recusal motion or to refer the motion to the presiding judge of the administrative district.

Texas Alcoholic Beverage Comm’n v. Cabanas (05-09-00126-CV) – Recites well-established standard for reviewing decisions of administrative agencies.

 Wet-Line, L.L.C. v. Amazon Tours, Inc. (05-07-0156-CV) – Recites well-established (1) standard of reviewing trail court’s ruling on special appearance; and (2) rules governing when Texas courts may assert personal jurisdiction over nonresident.

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