Continuing a theme begun earlier in the week, the Fifth Court again analyzed (and turned down) a permissive appeal in Singh v. Rategain Travel Techs., Ltd., this time on a question about arbitrability. (My LPHS colleague John Volney represented the … Continue reading
In November, the supreme court gave final approval to a new rule of procedure about permissive appeals. The key provision is as follows:
The appellate bar is still getting used to section 51.014(d) of the Civil Practice & Remedies Code, under which a “permissive” interlocutory appeal may proceed under certain circumstances. In Hartford Accident & Indemnity Co. v. Seagoville Partners, after initially granting leave to appeal … Continue reading
In a case that 600 Commerce believes is the first successful attempt at a permissive interlocutory appeal since the inception of the blog, the Court of Appeals has affirmed the trial court’s application of Texas law to a personal guaranty. (Check out https://600commerce.com/?s=permissive&submit=Search to … Continue reading
Hartline Barger LLP v. Denson Walker Properties, LLC provides insight on when the Fifth Court will (and will not) accept a permissive appeal: “Although the possibility exists that a controlling legal question as to which a substantial ground for disagreement … Continue reading
The Fifth Court reviewed one of “the seemingly endless variations of forum-selection clauses” in Target Strike Inc. v. Strasburger & Price LLP: “This Contract shall be interpreted, construed, and governed by the laws of the State of Texas. The parties hereby … Continue reading
A dispute arose in Dallas among Theilert Aircraft, a German maker of aircraft engine parts; Bruno Kübler, its “insolvency adminstrator” under German law; Superior Air Parts, a former customer of Theilert; and Technify Motors, the purchaser of Theilert’s assets in … Continue reading
The new “permissive appeal” procedure has not led to a lot of permissive, interlocutory appeals; another example of that trend appears in Oklahoma Specialty Ins. Co. v. St. Martin de Porres, Inc. The parties stipulated to damages, the trial court found the … Continue reading
In Southampton Ltd. v. Four Horseman Auto Group (July 20, 2016), the Dallas Court of Appeals considered whether a plaintiff who fails to file an interlocutory appeal of an order granting a special appearance as to some but not all … Continue reading
The Court of Appeals has once again denied a permissive interlocutory appeal. Respondents sued petitioners for injuries they sustained after a bus accident in Mexico. The bus ticket stated that the passenger accepted “the validity and application of the authority … Continue reading
The Court of Appeals has once again ruled that it is without jurisdiction to consider a permissive interlocutory appeal. In this instance, the developers of White Bluff Resort at Lake Whitney are in a dispute with their property owners over … Continue reading
The Dallas Court of Appeals continues to be a difficult place to get a permissive interlocutory appeal. In this instance, a defendant in a breach of contract case attempted to appeal the denial of its motion for partial summary judgment, … Continue reading
The court of appeals continues to explore the limits of permissive interlocutory appeals. In this instance, the court was faced with an agreed-upon appeal from an order granting a motion to quash the deposition of the appellant’s former attorney, who … Continue reading