Dallas Court of Appeals cases for the week of June 13, 2011

Dallas Court of Appeals cases for the week of June 13, 2011

Dallas Court of Appeals cases for the week of June 13, 2011

For the week of June 13, 2011, the Dallas Court of Appeals issued twelve opinions in civil cases.  Eight 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 four cases are as follows:

City of Dallas v. Hughes (05-10-00511-CV) – Recites well-established (1) standard for reviewing a challenge to the trial court’s subject matter jurisdiction; (2) rule that governmental immunity protects political subdivisions of the state, including cities, counties, and school districts, from suit and liability; (3) immunity from suit deprives a court of subject matter jurisdiction; (4) rule that a plaintiff must plead sufficient facts to invoke a waiver of governmental immunity under the Texas Tort Claims Act; (5) rule that the Texas Recreational Use Statute controls over the Texas Tort Claims Act and limits a city’s duty to a plaintiff engaged in recreation on the premises; (6) definition of “gross negligence”; and (7) rule that the Texas Recreational Use Statute does not obligate a landowner to warn of known conditions.

Hackett v. Park Springs Townhomes (05-11-00568-CV) – Recites well-established (1) rule that appellate jurisdiction is never presumed; (2) rule that, unless the record affirmatively shows the propriety of appellate jurisdiction, an appellate court must dismiss; and (3) rule that, without a timely-filed notice of appeal, appellate court lacks jurisdiction over the appeal.

Hartford Ins. Group v. Perez (05-11-00195-CV) – Recites well-established rule that the deadline for filing a notice of appeal runs from the date a trial court dismisses a case rather than the date the trial court rules on a motion to reinstate the case.

In re Estate of Brown (05-10-01243-CV) – Recites well-established (1) rule that appellate jurisdiction is never presumed; (2) rule that, unless the record affirmatively shows the propriety of appellate jurisdiction, an appellate court must dismiss; and (3) rule that, unless an interlocutory appeal is specifically authorized by the Texas constitution or by a statute, appellate courts have jurisdiction only over appeals taken from final judgments.

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