Dallas Court of Appeals cases for the week of August 29, 2011

Dallas Court of Appeals cases for the week of August 29, 2011

Dallas Court of Appeals cases for the week of August 29, 2011

For the week of August 29, 2011, the Dallas Court of Appeals issued twenty-five opinions in civil cases.  Fifteen 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 ten cases are as follows:

City of Dallas v. Brooks (05-10-00692-CV) – Recites well-established (1) standard for reviewing ruling on challenge to trial court’s subject matter jurisdiction; and (2) definition of “ministerial acts.”

Earth Biofuels, Inc. v. Airo Wireless Media, Inc. (05-09-00783-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) elements required for formation of a valid and binding contract; and (3) elements of breach of contract cause of action.

El Dorado Land Co., L.P. v. City of McKinney (05-10-00381-CV) – Recites well-established (1) definition of plea to the jurisdiction; (2) standard for reviewing ruling on whether trial court had subject matter jurisdiction; and (3) definition of “purchase option.”

Holland v. Lovelace (05-09-00993-CV) – Recites well-established (1) elements which must be established to be entitled to a new trial based on jury misconduct; (2) standard for reviewing trial court’s denial of motion for new trial based on jury misconduct; and (3) rule that a defendant bears the burden to plead, prove, and secure findings to support its affirmative defenses.

Hollingsworth v. Springs (05-10-01215-CV) – Recites well-established standard for reviewing trial court’s ruling on adequacy of an expert report required of healthcare liability claim.

In re FC Stone, LLC (05-11-01037-CV) – Recites well-established (1) rule that an appellate remedy is inadequate when a trial court refuses to enforce a valid forum-selection clause; and (2) rule that a court may decline to enforce a forum-selection clause if the chosen forum is so inconvenient that enforcing the clause would produce an unjust result.

Manley v. Wachovia Small Bus. Capital (05-09-01228-CV) – Recites well-established (1) standard for reviewing the denial of a motion for judgment notwithstanding the verdict; and (2) elements which must be proved to recover on a promissory note.

Martin K. Eby Constr. Co. v. LAN/STV (05-09-00946-CV) – Recites well-established (1) rule that a trial court may disregard a jury finding only if it is not supported by evidence or if the issue is immaterial; (2) rule that a jury question mandated by law cannot be immaterial; (3) standard for reviewing legal sufficiency of evidence; and (4) rule that a party cannot complain on appeal of an action it induced or allowed.

Nolan v. Hughes (05-10-00481-CV) – Recites well-established standard for reviewing traditional summary judgment.

Popcap Games, Inc. v. Mumbo Jumbo, LLC (05-10-00301-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) definition of “direct damages”; (3) definition of “consequential damages”; and (4) rule that appellate jurisdiction is never presumed.

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