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Appellate Law

Texas Appellate Law Blog

Civil appellate practice tips, resources, and news on matters before the Texas appellate courts.
By D. Todd Smith

Post Frequency: 3.6/day

Last Entry: March 30, 2011 at 10:25:22

More on Appellate E-Filing

Posted on April 09, 2010
Early this year, I accepted an offer from Texas Lawyer to write a quarterly column on technology issues affecting the publication's namesake audience. The first article in this series—an update on appellate e-filing in Texas—appeared in this week's issue...

2010 Primary Election Roundup

Posted on March 03, 2010
A number of judicial races affecting civil appellate matters took shape following yesterday's primaries. Here are the November major-party matchups. Texas Supreme Court, Place 3: Rick Green and Debra Lehrmann have emerged as the top two vote-getters in a six-way Republican primary that was not final as of this morning...

Webcast of SCOTX Event Available

Posted on February 20, 2010
This past Thursday, the Appellate Sections of the State Bar of Texas and the Austin Bar Association put on a program entitled 'An Evening with the Texas Supreme Court' at the InterContinental Stephen F. Austin Hotel here in Austin. This is the second time this event has been presented...

Appellate Court E-Filing Becoming a Reality

Posted on February 15, 2010
Three years ago, I asked when appellate courts were going to catch up on e-filing. At the time, I noted some of the advantages e-filing presents over traditional methods and observed that appellate courts had been slow to meet the trend. Times are finally changing...

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Third Court's Backlog Improving

Posted on January 24, 2010
On the heels of Chief Justice Woodie Jones's presentation to the Austin Bar's Civil Appellate Law Section last week, the Austin American-Statesman has published an article discussing the Third Court of Appeals' backlog problem and how the Court is addressing it...

Chief Justice Jones to Speak on State of Third Court

Posted on January 06, 2010
The Austin Bar Association's Civil Appellate Law Section will meet at noon on January 21, 2010 at Green Pastures. Chief Justice Woodie Jones (pictured) will speak on "Everything You Always Wanted to Know About the Third Court But Were Afraid to Ask...

New Year, New Opportunities

Posted on January 01, 2010
This post continues what has become a New Year's Day tradition here at the Texas Appellate Law Blog. Each January 1 marks another year of the blog's existence—we're now up to three—and presents a special opportunity to reflect on the past and plan for the future...

Be Careful What You Wish For

Posted on December 22, 2009
Regular followers of this blog know that I'm a fan of oral argument. The challenge of synthesizing facts and law into a concise, well written brief is one thing—some say the main thing—but there's nothing quite like standing before a row of appellate judges and defending the positions you're taking on your client's behalf...

Appellate Rules & Deadlines? There's an App for That

Posted on November 05, 2009
Dallas family-law specialist Jimmy Verner has provided a new incentive for Blackberry users to switch to an iPhone with VernerLegal's release of two applications directly relevant to Texas appellate lawyers: Texas Litigation Deadlines (home screen pictured) and Texas Appellate Procedure Rules...

Justice Eva Guzman Selected for Open SCOTX Seat

Posted on October 08, 2009
As reported in the Houston Chronicle, Governor Perry has selected 14th Court of Appeals Justice Eva Guzman (pictured) to fill the seat recently vacated by former Justice Scott Brister. Justice Guzman will be the first Latina to serve on the Court. Because she is filling an unexpired term, she will stand for election as the incumbent in 2010...

Twitter Top 20

Posted on September 29, 2009
Texas Lawyer approached me once more to write about Twitter, this time to compile a "Top 20" list of interest to those who practice in the Lone Star State. The article appeared in yesterday's issue (paid subscription required). The new digital edition—which is really cool, by the way—can be uploaded here...

Soliciting Potential "Greenbook" Revisions

Posted on September 24, 2009
The Texas Law Review is working on on a new edition of the Texas Rules of Form, more affectionately known as the "Greenbook." The call for suggestions or comments, with the relevant contact information, is available here. Some issues are already being discussed over at the Supreme Court of Texas Blog, including citations to court opinions outside of paid research services (Westlaw or LEXIS) and the future of Texas's subsequent-history system...

Breaking Down the SCOTX Shakeup

Posted on August 25, 2009
It seems like something this newsworthy happens every time I go on vacation and unplug for a while. In the wake of Justice Harriett O'Neill's decision not to stand for re-election in 2010, Justice Scott Brister (pictured) has announced that he will be leaving the Texas Supreme Court in a few weeks to re-join Andrews Kurth and head the firm's appellate practice...

Justice Harriet O'Neill's Seat Open for 2010

Posted on August 06, 2009
In a news release issued today, the Texas Supreme Court has announced that Justice Harriet O'Neill (pictured) will not seek re-election when her term ends at the end of 2010. Justice O'Neill has not confirmed her post-Court plans, although rumors have swirled that she may run for Attorney General...

Passing the Appellate Advocate Torch

Posted on July 25, 2009
The Summer issue of The Appellate Advocate has been posted to the State Bar Appellate Section's website. Section members will receive hard copies in the mail within the next few weeks. This issue is dedicated to the memory of Rusty McMains, a cornerstone of the Section, who died in late June...

Ah, Summer Recess

Posted on July 17, 2009
For the past couple of weeks, we have seen a slowdown from a very busy spring and early summer at the Texas Supreme Court. That's because the Court has entered its traditional "summer recess," which generally begins in early July and ends in late August...

Trial Courts Must Explain Reason for Granting New Trial

Posted on July 06, 2009
Historically, Texas trial judges have been afforded very broad discretion in granting new trials. Readers who took a Texas civil procedure course in law school may recall being taught that an order granting a new trial may be reviewed under only two circumstances: (1) when the order is void (such as when the trial court lacked jurisdiction); or (2) when the trial court erroneously concluded that answers in the jury charge irreconcilably conflict...

Texas Supreme Court Orders & Opinions 6/12/09

Posted on June 12, 2009
The Texas Supreme Court released two new opinions with this week's regular orders, both of which involved petitions for writ of mandamus. In In re Hall (No. 07-0322), the Court held that an indigent adult who had been adjudicated delinquent as a minor and received a 40-year sentence had no statutory right under the Juvenile Justice Code to appointed counsel in a habeas corpus proceeding...

More Recusal Motions Coming in Texas Appeals

Posted on June 08, 2009
This morning's release of the U.S. Supreme Court's 5-4 decision in Caperton v. A.T. Massey Coal Co. (No. 08-22) could open the door to more recusal motions in Texas appellate courts (and possibly trial courts). In Caperton, the Court held that due process required a West Virginia Supreme Court of Appeals justice to recuse himself from a case in which his largest single campaign contributor was a party...

Spring Appellate Advocate Now Available

Posted on June 04, 2009
The Spring issue of The Appellate Advocate has been posted to the Appellate Section's website. In addition to the usual features, this issue contains announcements seeking applications for the position of editor (due June 30) and entries for the Section's annual songwriting contest (due August 15)...

Mail Distribution of Winter Appellate Advocate

Posted on May 22, 2009
Because of a communication error between the State Bar and printer, a significant number of Appellate Section members did not receive hard copies of the Winter Appellate Advocate (vol. 21, no. 3) in the mail. The issue is available electronically here...

Extensions of Time in the Fifth Circuit

Posted on May 04, 2009
Let's be honest. Most state-court appellate practitioners find the Fifth Circuit a little byzantine. But one thing the Fifth Circuit does right is allow the clerk's office to grant short unopposed briefing extensions—up to 15 days—over the telephone...

Texas Supreme Court Orders 3/20/09

Posted on March 20, 2009
Not surprisingly, the Texas Supreme Court released no new opinions with its Spring Break week orders.

Texas Supreme Court Orders 3/12/09

Posted on March 13, 2009
The Texas Supreme Court issued no new opinions with this week's regular orders. The upcoming week is Spring Break in and around Austin. The Court next meets in conference on March 23 & 24.

Texas Supreme Court Orders 3/13/09

Appellate Advocate News

Posted on March 09, 2009
Following up on this post, I am pleased to announce that Hein Online has finished archiving past volumes of The Appellate Advocate. The 1987 inaugural issue through volume 20, number 4 are now available by following the "Appellate Advocate" button and the "Archives" link on the State Bar Appellate Section's website...

Texas Supreme Court Orders & Opinion 3/6/09

Posted on March 06, 2009
The Texas Supreme Court released one new opinion with today's regular orders. In Phillips v. Bramlett (No. 07-0522), the Court considered the relationship between (1) former Article 4590i's cap limiting physicians' (and other health care providers') liability to $500,000, adjusted for inflation (Section 11...

What I've Been Doing Lately

Posted on March 03, 2009

Texas Supreme Court Orders 2/6/09

Posted on February 06, 2009
The Texas Supreme Court issued no opinions with this week's regular orders. Things have been very quiet lately. The Court has conferences scheduled for Monday and Tuesday of next week and again on February 23 and 24, so I suspect the floodgates will open and we'll have several new decisions before month's end...

Interlocutory Appeal After Final Judgment?

Posted on February 05, 2009
Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by statute until the interlocutory appeal is resolved, But sometimes the trial court renders a final judgment before then...

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