Dallas Court of Appeals cases for the week of September 20, 2010

Dallas Court of Appeals cases for the week of September 20, 2010

Dallas Court of Appeals cases for the week of September 20, 2010

For the week of September 20, 2010, the Dallas Court of Appeals issued fifteen opinions in civil cases.  Eleven 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:

In re D.J.L. (05-10-00203-CV) – Recites well-established standard for determining whether a party is entitled to a restricted appeal.

In re Energy Solutions, L.P. (05-10-01158-CV) – Recites well-established rule that mandamus is not available for erroneous denial of motion to recuse.

In re Frost National Bank, N.A. (05-10-01097-CV) – Recites well-established rule that there is no adequate remedy at law when a trial court fails to enforce a valid jury waiver.

P&A Real Estate, Inc. v. American Bank of Tex. – (05-10-00538-CV) – Recites well-established (1) rule that, when a party files a timely post-judgment motion, an appellate court lacks jurisdiction over a restricted appeal; (2) rule that motion for new trial is effective even though it was filed under the wrong cause number; (3) rule that, if there is no suggestion of confusion, notice of appeal is effective even though it was filed under the wrong cause number; and (4) rule that, without a timely filed notice of appeal, court of appeals lacks jurisdiction.

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