Dallas Court of Appeals cases for the week of August 30, 2010

Dallas Court of Appeals cases for the week of August 30, 2010

Dallas Court of Appeals cases for the week of August 30, 2010

For the week of August 30, 2010, the Dallas Court of Appeals issued thirteen opinions in civil cases. Ten 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 three cases are as follows:

In re Marriage of J.B. and H.B. (05-09-01170-CV) – Recites well-established (1) rule that a trial court abuses its discretion by striking an intervention in the absence of a motion to strike; (2) rule that an order signed during a stay is a legal nullity; (3) definition of “jurisdiction”; (4) definition of “personal jurisdiction”; (5) definition of “subject-matter jurisdiction”; and (6) definition of “comity”.  Additionally, holds that “Texas courts have no subject-matter jurisdiction to adjudicate a divorce petition in the context of a same-sex marriage.”

Poly-Trucking, Inc. v. KDT Express, Inc. (05-09-00078-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) standard for reviewing factual sufficiency of evidence; (3) definition of “consequential damages”; and (4) rule that consequential damages are not recoverable unless the parties contemplated at the time they made the contract that such damages would be a probable result of the breach.

U-Haul Int’l, Inc. v.Waldrip (05-09-00078-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) standard for reviewing factual sufficiency of evidence; (3) elements of negligence claim; (4) definition of “physical impairment”; and (5) definition of “disfigurement”.

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