Dallas Court of Appeals cases for the week of July 5, 2010

Dallas Court of Appeals cases for the week of July 5, 2010

Dallas Court of Appeals cases for the week of July 5, 2010

For the week of July 5, 2010, 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:

Greenville Surgery Ctr., Ltd. v. Beebe (05-08-01045-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; and (2) standard for reviewing statutory construction.

Rawlins v. Weaver (05-09-00090-CV) – Recites well-established (1) rule that appellate jurisdiction is never presumed; and (2) holding that a probate court’s order authorizing sale of real estate is an interlocutory order.

Rone Eng’g Serv., Ltd. v. Culberson (05-09-00814-CV) – Recites well-established (1) rules governing restricted appeals; (2) principle that default judgment be supported by a record showing strict compliance with rules governing services of process; (3) rule that, when attempted services of process is invalid, trial court does not have personal jurisdiction over the defendant; and (4) definition of “misnomer”.

Smith v. Shipp (05-09-01204-CV) – Recites well-established (1) definition of “restricted appeal”; and (2) rule that, when a court signs an order of dismissal, the clerk is required to give immediate notice to the parties or their attorneys by first class mail.

In re Thomas (05-10-00753-CV) – Recites well-established rule that court of appeals does not have mandamus jurisdiction over a court clerk.

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