Appellate Courts Can’t Fix Everything for You

A short opinion helps to illustrate the limited reach of an appellate court’s authority over the cases before it. On interlocutory appeal, both litigants agreed that the trial court should have vacated an order appointing a receiver in Texas to serve ancillary to a primary receivership in Minnesota. But in addition to vacting the order appointing the receiver, the appellant also wanted the Court of Appeals to undo all the receiver’s actions. That was beyond the appellate court’s powers however. Pointing to TRAP 43.2, the Court held that it could affirm, modify, reverse and render, reverse and remand, vacate, or dismiss — none of which permitted the Court to grant the additional relief sought by the appellant.

Burlington Resources Oil & Gas Co. LP v. Verde Minerals, LLC, No. 05-15-00014-CV

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