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  • May 31, 2022 | Texas Lawyer

    What to Do When You Lose a Contract When Litigating Contract-Based Claims

    Simply because Rule 1004 permits evidence of the content of a lost writing in no way guarantees admission of the evidence. This is just the starting point. The practitioner must craft arguments to ensure—or defeat—admission of the lost writing.

    6 minute read

  • Ex parte KW

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Hinojosa
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-20-00291-CR

    K.W. was arrested for capital murder. After institution of numerous orders to protect Texans from the COVID-19 pandemic, a grand jury consisting of six "in-person" jurors and six jurors who participated remotely by Zoom indicted K.W., who then filed a writ of habeas corpus asserting the emergency order was unconstitutional.

  • Ex parte Moon

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Rivas-Molloy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01-18-01014-CR

    A juvenile court waived jurisdiction over 16-year-old Cameron Moon and certified him to stand trial as an adult in criminal district court for the offense of murder.

  • Morrison v. Asamoa

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Civil Procedure | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Williams
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11-20-00125-CV

    A patient, who filed suit against various medical professionals and had the cases dismissed, successfully proved on appeal that the court erred in dismissing the claims.

  • Triple PG Sand v. Del Pino

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Civil Procedure | Litigation
    Industry:
    Court: Court of Appeals
    Judge: Justice Countiss
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01-21-00076-CV

    In 2017, Hurricane Harvey caused widespread damage to appellees' properties. Appellees filed a plea in intervention in another suit in 2019; that trial court dismissed their plea. Appellees refiled their petition in the current suit against appellants within sixty days of the date of dismissal, arguing that the appellant companies' mining operations and failure to adhere to safety precautions discharged excess materials into local rivers and waterways causing overflowing.

  • Ex parte KT

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Young
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0977

    The Texas Supreme Court took a consolidated case involving two unrelated respondents acquitted of driving while intoxicated who sought expunction of the records relating to their arrests.

  • University of Houston System v. Ground Texas

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Contractual Disputes | Government
    Industry:
    Court: Court of Appeals
    Judge: Justice Poissant
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-20-00401-CV

    Appellant, the University of Houston System, contracted with a construction company for the construction of a new parking lot on one of its campuses.

  • Bauta v. Mulvey

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Personal Injury | Privacy
    Industry:
    Court: Court of Appeals
    Judge: Justice Tijerina
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-20-00388-CV

    Appellee, a bishop in the Diocese of Corpus Christi, appointed appellant, a priest, as parochial administrator of a church in Port Aransas.

  • Graham v. Compton

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Civil Procedure | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Schenck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 05-20-01013-CV

    Appellee filed suit in a justice of the peace court against appellant for theft of services and quantum merit related to the private process service of various legal documents appellee performed for appellant.

  • Mitchell v. MAP Resources

    Publication Date: 2022-05-30
    Practice Area: Civil Appeals | Civil Procedure | Tax
    Industry:
    Court: Supreme Court
    Judge: Justice Busby
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0124

    Mineral property owners, who alleged that their ancestor had not properly been served a foreclosure notice for a tax lien, successfully proved on appeal that they were entitled to relief.