Dallas Court of Appeals cases for the week of June 14, 2010

Dallas Court of Appeals cases for the week of June 14, 2010

Dallas Court of Appeals cases for the week of June 14, 2010

For the week of June 14, 2010, the Dallas Court of Appeals issued twenty-eight opinions in civil cases.  Twenty 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 eight cases are as follows:

Munir Bata, L.L.C. v. Vestal (05-10-00346-CV) – Recites well-established (1) rule that amended judgment signed after expiration of plenary power is void; and (2) rule that notice of appeal must be a separate document rather than included as part of another document.

Beckham Group, P.C. v. Snyder (05-09-00491-CV) – Recites well-established (1) rule that appellate jurisdiction is never presumed; and (2) principle that a judgment is final only if it disposes of all parties and all claims.

Bridwell v. Mulder (05-09-01339-CV) – Recites well-established (1) standard for reviewing trial court’s dismissal for want of prosecution; (2) rule that trial court may not dismiss for want of prosecution without first providing party with notice and opportunity to be heard; (3) rule that failure to appear at trial is not a proper basis for dismissal with prejudice; and (4) definitions of terms “bench writ,” “bench warrant”, and “writ of habeas corpus ad testificandum”.

Carter v. Lavergne (05-09-00333-CV) – Recites well-established (1) standard for reviewing trial court’s ruling on motion for new trial; (2) deadline for filing motion for new trial; (3) deadline for filing amended motion for new trial; and (4) rule that written orders or judgments control over conflicting oral pronouncements.

Europa Int’l, Ltd. v. Direct Access Trader Corp. (05-08-00771-CV) – Recites well-established (1) standard for reviewing turnover orders; and (2) elements which must be met to establish entitlement to turnover order.

Excel Transp. Servs., Inc. v. Aim High Logistics Servs., LLC (05-09-00154-CV) – Recites well-established (1) standard for reviewing challenge to legal sufficiency of adverse finding as to an issue on which the appellant did not have the burden of proof; (2) definition of “more than a scintilla of evidence”; and (3) rules governing when lost profits may be recovered and how damages for lost profits are measured.

Harlow Land Co., Ltd. v. City of Melissa (05-08-01178-CV) – Recites well-established (1) rule that party may generally not attack a judgment on appeal if the party has voluntarily accepted the benefits of the judgment; and (2) rule that appellate court may consider documents outside of the appellate record for the purpose of determining whether appellate court has jurisdiction.

McClain v. USA Today Newspaper (05-08-01123-CV) – Recites well-established (1) rule that, absent a filing that extends the deadline, the deadline to file a notice of appeal is 30 days after judgment; (2) rule that deadline to file notice of appeal can be extended, but only if notice of appeal is filed within 15 days after the deadline; (3) rule that pro se litigants are held to the same standards as licensed attorneys; and (4) rule that timely filing of notice of appeal is jurisdictional.

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